Topic: the party seeking the benefit of collateral estoppel bears … · Go Syfert
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Topic #11817

5 canonical passages across 3 cases, quoted by 33 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from City of New York v. College Point Sports Ass'n.

#Case FlagCanonical passage Citers
1 City of New York v. College Point Sports Ass'n Anchor
nyappdiv · 2009
green “the party seeking the benefit of collateral estoppel bears the burden of proving that the identical issue was necessarily decided in the prior proceeding, and is decisive of the present action” 12
2 City of New York v. College Point Sports Ass'n
nyappdiv · 2009
green “the party against whom preclusion is sought bears the burden of demonstrating the absence of a full and fair opportunity to contest the prior determination” 7
3 Capellupo v. Nassau Health Care Corp.
nyappdiv · 2012
green “the doctrine of collateral estoppel bars relitigation of an issue which has necessarily been decided in a prior action and is determinative of the issues disputed in the present action, provided that there was a full and fair opportunity to contest the decision now alleged to be…” 7
4 City of New York v. College Point Sports Ass'n
nyappdiv · 2009
green “the doctrine applies whether the conviction results from a plea or a trial” 4
5 Parolisi v. Slavin
nyappdiv · 2012
green “under new york's transactional approach to the doctrine of res judicata, 'once a claim is brought to a final conclusion, all other claims arising out of the same transaction or series of transactions are barred, even if based upon different theories or if seeking a different rem…” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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