Topic
Collateral Estoppel
112 published works
PrawfsBlawg
Stump the Nominee
Main Tuesday, November 21, 2023Stump the NomineeSen. John Kennedy (R-LA) grills a nominee to the U.S. District Court for the Northern District of Oklahoma about issues she might confront on…
New York Attorney Malpractice Blog
No Collateral Estoppel, No Res Judicata
Van Ravenstein v Ponder 2023 NY Slip Op 33072(U) September 6, 2023 Supreme Court, New York County Docket Number: Index No. 161420/2019 is an interesting opinion from Judge Shlomo S.…
Ethicking
Greetings from Denver
It’s early August, which means I am at the APRL Annual Meeting hanging with my nerd friends and learning about collateral estoppel, generative AI, and interstate practice, and other important…
Tort Talk
Federal Court Addresses Collateral Estoppel Issues In UIM Case Where Plaintiff Secured Less Than Liability Limits At Third Party Arbitration
In the case of Holland v. Progressive Spec. Ins. Co., No. 23-0910-KSM (E.D. Pa. April 10, 2023 Marston, J.), the court granted in part and denied in part a Defendant…
Zalma on Insurance
Collateral Estoppel Prevents New Litigation
By Barry Zalma
Litigants May Not Try Again After Losing See the full video at https://rumble.com/v2i2010-collateral-estoppel-prevents-new-litigation.html and at https://youtu.be/tp1XzH3xs5E The plaintiffs in this action are a group of special-purpose entities that acquired various…
Tort Talk
Court Addresses A Number of Notable Trial Issues in a Shooting Case That May Apply In Many Other Types of Civil Litigation Trials
In the case of Rogers v. Thomas, No. 1915 MDA 2018 (Pa. Super. March 2, 2023)(en banc) (Op. by Stabile, J.)(Concurring Op. by Kunselman, J.), the court addressed a number…
PTABWatch
Obvious Variants and the Hand of Fate
Collateral estoppel is a resource-saving shortcut. Judges consider it when an issue previously received sufficient judicial attention. And they apply it when the issue was resolved against the party now…
PTAB Law Blog
The Federal Circuit Wants Litigants to Assert Estoppel When Available
Last month, the Federal Circuit’s holding in Google LLC v. Hammond Dev. Int'l, Inc.[1] illustrated the importance of raising a collateral estoppel argument when the opportunity arises. In Google LLC…
Inside Class Actions
Sixth Circuit Applies Offensive Collateral Estoppel in Subsequent Mass Tort Proceedings
The Sixth Circuit recently affirmed a district court’s application of nonmutual offensive collateral estoppel to negligence claims arising out of an MDL—potentially raising the stakes for bellwether trials that are…
Drug & Device Law
Divided Sixth Circuit Affirms “Unique” Application of Offensive Non-Mutual Collateral Estoppel
Twice this year we have reported on trial-court decisions addressing application of offensive non-mutual collateral estoppel—an offensive doctrine that precludes a defendant from relitigating an issue that it lost in…