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Collateral Estoppel
Collateral estoppel, known in modern terminology as issue preclusion, is a common law estoppel doctrine that prevents a person from relitigating an issue. Simply put, "once a court has decided an issue of fact or law necessary to its judgment, that decision ... preclude[s] relitigation of the issue in a suit on a different cause of action involving a party to the first case."[1] This is for the prevention of legal harassment and to prevent the abuse of legal resources.
Collateral Estoppel
Collateral Estoppel and Unreviewed Appellate Arguments is an interesting Nov. 5, 2008 New York Law Journal article. Download 121641-1...
Collateral Estoppel In Bar Discipline
The full Massachusetts Supreme Judicial Court ordered an indefinite suspension of an attorney who had received into escrow funds specifically designated to pay a settlement...
Yet Another Take on Collateral Estoppel in Attorney Fee Arbitrations
The Law Profession Blog reports a New Mexico case which intersects with the collateral estoppel question of legal malpractice and attorney fee arbitrations...
Legal Malpractice and Collateral Estoppel
In this Court of Appeals Decision Judge Smith goes as far back as Judge Cardozo to discuss the basics in this legal malpractice case...
The Intersection of Judiciary Law and Collateral Estoppel
Izko Sportswear Co., Inc. v Flaum ; 2009 NY Slip Op 04387 [63 AD3d 687] ; June 2, 2009 ; Appellate Division, Second Department is a somewhat famous case in Legal Malpractice...
U.S. v. Davenport, -- F.3d - (5th 2007) - Is it Res Judicata or is it collateral estoppel
If asked how many of us could succinctly tell a client the difference between res judicata and collateral estoppell? Well it appears that the 5th Circuit and the 10th Circuit have trouble differencing these judicial terms as well as the rest of us...
















