Issue Preclusion

A concept that refers to the fact that a particular Question of Fact or law, one that has already been fully litigated by the parties in an action for which there has been a judgment on the merits, cannot be relitigated in any future action involving the same parties or their privies (persons who would be bound by the judgment rendered for the party).

The term issue preclusion is synonymous with Collateral Estoppel, a doctrine which bars the relitigation of the same issue that was the basis of a finding or verdict in an action by the same parties or their privies in subsequent lawsuits involving the same or different causes of action. It is not, however, the same as the doctrine of Res Judicata which bars the relitigation of an entire Cause of Action, claim or demand, as opposed to an issue that makes up a cause of action, claim, or demand.

Mentioned in ?

Section 1983

References in periodicals archive ?

Historically, issue preclusion required mutuality of parties, (24) and patent law was no exception.

Invalidating issue preclusion: rethinking preclusion in the patent context

According to Stern, the decision announces an entirely new way of looking at issue preclusion in the context of malicious prosecution counterclaims.

Appeals Court 1:28 ruling on preclusion spurs debate

"Even assuming the issue of injury had been actually and essentially determined in Hately Iwhich it was notthe district court nevertheless erred in applying issue preclusion because Virginia ...

Opened emails protected under federal act

Where (1) Puerto Rico courts concluded in preliminary hearings that weapons charges against a defendant were not supported by probable cause, (2) the defendant then pleaded guilty to equivalent federal charges based on the same conduct and (3) he later moved to dismiss the federal indictment on double jeopardy and issue preclusion grounds, a U.S.

Criminal - Weapons - Double jeopardy - Issue preclusion

Ashe stands for the proposition that issue preclusion is part of the

Rethinking Ashe v. Swenson from an Originalist Perspective

In Bayer, the Court held that a federal judgment of dismissal in a proposed class action could not bind the parties in a counterpart state proceeding, both because certification was denied in the federal proceeding (meaning that the proposed absentees were not bound by the judgment) and because of differences in the certification standards under Rule 23 and the counterpart provision that governed in the subsequent state-court proceeding (meaning that issue preclusion was not available).

CLASS ACTIONS, STATUTES OF LIMITATIONS AND REPOSE, AND FEDERAL COMMON LAW

The doctrine of issue preclusion could help with this problem.

THE "BROADEST REASONABLE INTERPRETATION" AND APPLYING ISSUE PRECLUSION TO ADMINISTRATIVE PATENT CLAIM CONSTRUCTION

Collateral estoppel, also known as "issue preclusion," is a common law estoppel doctrine that prevents a party from relitigating an issue.

Re-Examining "Carbon Copy" Prosecutions: A Look Back and Spring Forward

Civil Opinions   Civil Practice Issue Preclusion; Individual Capacity; Civil Rights Suit   Where a plaintiff in a civil rights action against a police officer asserted that he was bringing the action against the officer in his individual capacity and the officer did not claim that he was being sued in his official capacity only, the officer acquiesced in an unexpressed motion to amend the complaint to include the individual-capacity claims, so the judgment of dismissal is reversed and remanded.

8th U.S. Circuit Court of Appeals Digest: March 15

Third, we reject Hudson's argument that issue preclusion bars Grigg from pursuing the present appeal against Hudson.