Topic: collateral estoppel, or issue preclusion, prevents parties … · Go Syfert
← All topics

Topic #7061

3 canonical passages across 3 cases, quoted by 50 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 Marvel Characters, Inc., Plaintiff-Counter-Defendant-Appellee v. Joseph H. Simon, Defendant-Counter-Claimant-Appellant.

#Case FlagCanonical passage Citers
1 Marvel Characters, Inc., Plaintiff-Counter-Defendant-Appellee v. Joseph H. Simon, Defendant-Counter-Claimant-Appellant Anchor
ca2 · 2002
green “collateral estoppel, or issue preclusion, prevents parties or their privies from relitigating in a subsequent action an issue of fact or law that was fully and fairly litigated in a prior proceeding.” 41
2 Sassower v. Abrams
nysd · 1993
green “when a defendant raises res judicata or collateral estoppel as an affirmative defense and 'it is clear from the face of the complaint, and consideration of matters which the court may take judicial notice of, that the plaintiff's claims are barred as a matter of law,' dismissal …” 5
3 John M. Purdy, Jr. v. Jacob D. Zeldes, and Zeldes Needle and Cooper
ca2 · 2003
green “(1) the identical issue was raised in a previous proceeding; (2) the issue was actually litigated and decided in the previous proceeding; (3) the party had a full and fair opportunity to litigate the issue; and (4) the resolution of the issue was necessary to support a valid and…” 4

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.

← Caselaw search · Hot / Trending / Newly red · Brief Check