Civil Procedure

Collateral Estoppel (Issue Preclusion)

Definition

Collateral estoppel, or issue preclusion, prevents the relitigation of specific factual or legal issues that were actually litigated and necessarily decided in a prior proceeding. Unlike res judicata, which bars entire claims, collateral estoppel applies to discrete issues. Traditionally, mutuality of parties was required, but the modern trend allows non-mutual offensive and defensive use of collateral estoppel, subject to fairness considerations.

Example

A court finds that a defendant ran a red light. In a subsequent suit by a different plaintiff, the defendant is collaterally estopped from relitigating whether they ran the red light.

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