Home -> Law Blog Directory -> Appellate Law Blogs -> North Carolina Appellate Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Appellate Law
: North Carolina Appellate BlogSplit Fourth Circuit: N.C. Courts Wouldn't Give Collateral Estoppel Effect To N.C. Default Judgment Arising From Discovery Sanction
By Sean E. Andrussier
The gist of the majority's ruling: N.C. default judgments don't have collateral estoppel effect because the issues determined by a default judgment aren't "actually litigated" -- one of the prerequisites for collateral estoppel. (But default judgments do have preclusive effect for purposes of res judicata .) The majority said, "We recognize that good policy reasons would seem to support a holding that gives collateral estoppel effect to at least some default judgments. Judgments like the present one, which result from the deliberate abuse of the judicial process, seem to merit preclusive effect. Were we deciding this case as a matter of federal common law, such considerations might well be dispositive." But the court had to apply N.C. law--i.e., had to predict how the N.C. Supreme Court would resolve this unresolved issue as a matter of state law.
On that score, the majority noted with some frustration that N.C. has not adopted a process for federal courts to certify unresolved questions of state law to the N.C. Supreme Court.
Chief Judge Williams disagreed with the majority's account of N.C. law and with the majority's reading of the pertinent section of the Restatement of Judgments. "[A] fair reading of North Carolina law," she wrote, "suggests that a party who begins litigating an issue but ultimately forestalls its resolution on the merits by refusing to comply with discovery orders is collaterally estopped from relitigating that same issue." She also thought that the N.C. Supreme Court would be moved by policy policy reasons and might find persuasive the fact that every federal circuit court to address the question has held that a default judgment entered as a sanction for refusal to comply with discovery orders has preclusive effect.
Full post as published by North Carolina Appellate Blog on July 28, 2008 (boomark / email).
Stock Splits and Reverse Stock Splits
How splits can affect stock value
Selection of State Supreme Court Judges
How State Court Judges are Selected
Specialty Lamp International
Recalls Counterfeit Circuit Breakers
Jevic Transportation
allegedly failing to give 60 days warning before closing plant.
Commonwealth Land Title Insurance Co.
allegedly failed to give policyholders discounted rates to which they were entitled.
Estate of Seth Tobias
$25 million estate to be split as part of settlement.
The Bay Presbyterian Church
$700,000 settlement reached in church split case.
WA Dept. of Social and Health Services
Class action settlement reached will give $45,000 each to thousands of minority day-care providers.

Circuit Split Over Whether Court Must Consider Mistried Counts in Collateral Estoppel Analysis
Plea to a traffic ticket not collateral estoppel in a federal criminal case
Ninth Circuit Weighs in on Split Re Measurement of "Materiality" in Context of False Claims Act
Criminal case loss of search issue collaterally estops a § 1983 case over same issue







