collateral estoppel definition

• In re. Vincenza Leonelli-Spina v., (3rd Cir. 2011)

... Court determined that the doctrine of collateral estoppel applied to prevent Appellant/Debtor Vince...Accordingly, we apply New Jersey's definition of collateral estoppel to determine whether litiga...

• Federal Circuits

• Ashe v. Swenson, 397 U.S. 436 (1970)

...Ashe, 350 S.W.2d 768, 771. A collateral attack upon the conviction in the state courts fiv... to decide whether 'collateral estoppel'-the principle that bars relitigation between the ... the common law did finally attempt a definition, in The King v. Vandercomb, 2 Leach 708, 720, 168 ...

• U.S. Supreme Court

• Criminal Procedure-State of Tennessee V. Scarbrough: Precluding the Application of Offensive Collateral Estoppel in Criminal Cases

In Tennessee, the party attempting to prevent relitigation of an issue in a subsequent lawsuit through the use of collateral estoppel must prove that: (1) the issue was litigated and determined in a prior suit (2) between the same parties, and (3) the determination of the issue was necessary to the prior final and valid judgment.9 In the past few decades, courts have further developed this longstanding doctrine of collateral estoppel.10 While the doctrine of collateral estoppel originated in civil cases, serving the goals of judicial efficiency, consistency of judgments, and finality,11 courts have also applied it in criminal cases.12 The doctrine of collateral estoppel in the criminal context, however, is more complicated because of the constitutional rights afforded the defendant un...

... of Judgments provides a general definition of collateral estoppel, stating, "When an issue of...

• University of Memphis Law Review, The
• Vol. 37 Nbr. 3, April 2007

• The Cincinnati Insurance Co v. Beazer Homes Investments LLC, (6th Cir. 2010)

...Id. . B. Collateral estoppel As an initial matter, Beazer argu... District of Michigan articulated a definition of an "issue" for the purposes of collateral estop...

• Federal Circuits

• Saxe v. Dlusky, (Ohio 2010)

Trial court properly applied principles of res judicata and collateral estoppel to state claims alleging breach of fiduciary duty, constructive fraud, and fraud, based on federal court’s findings arising out of federal securities claims. Trial court properly granted summary judgment on accounting claim as appellant cited to no authority which provided for an accounting and it was tied to other claims which were rejected. Appellee properly moved for summary judgment on conversion claim by identifying the specific basis of his request. Trial court properly granted summary judgment on breach of contract claim as there were no genuine issues of material fact remaining and evidence submitted by appellee was not contradictory or inadmissible and was based on personal knowledge.

... does not apply here because the definition of "material" under Ohio law with respect to a fra...

• Ohio Supreme Court

• USA v. Salvador Magluta, (11th Cir. 2005)

... one conspiracy) must be reversed on collateral estoppel grounds. The basis for this contention i... estoppel must extend beyond the legal definition of the elements.' There also has to be such factu...

• Federal Circuits

• Ignorance Is Effectively Bliss: Collateral Consequences, Silence, and Misinformation in the Guilty-Plea Process

In the 2009-2010 term, the U.S. Supreme Court will decide if it matters whether a criminal defense lawyer correctly counsels a client about the fact that the client faces deportation as a result of a guilty plea. Under prevailing constitutional norms in almost every jurisdiction, a lawyer does not have a duty to tell her client about many serious but "collateral" consequences of a guilty plea. Yet, in every jurisdiction that has considered the issue, that very same lawyer will run afoul of her duties if she affirmatively misrepresents a collateral consequence—every jurisdiction, that is, except Kentucky. The Supreme Court of Kentucky recently held that when there is no duty to warn about a consequence because it is collateral, misadvice about that same consequence is not a consti...

... in the case, in its discussion of the definition of a knowing and voluntary guilty plea, the decisi... to warn will often lead to collateral estoppel of any claim of civil malpractice, 189 courts giv...

• Iowa Law Review
• Nbr. 95-1, November 2009

• United States of America, Plaintiff-Appellee, v. Salvador Magluta, A.K.A. Sal, Defendant-Appellant., 418 F.3d 1166 (11th Cir. 2005)

... one conspiracy) must be reversed on collateral estoppel grounds. The basis for this contention is... estoppel must extend beyond the legal definition of the elements.' There also has to be such factua...

• Federal Circuits

• Benny Curry, Plaintiff-Counter-Defendant-Appellant, v. City of Syracuse, Defendant-Counter-Claimant-Appellee, Chad Lynch, Individually and as a Police Officer for the City of Syracuse, Defendant-Counter-Claimant-Appellee, John Doe or Does, Fictitious Names and the Real Identities of these Individuals Who, Upon Information and Belief, Are Police Officers Employed By the City of Syracuse Whose Real Identities Are Not Known as Police Officers And/or Employees of the Syracuse Police Department, Defendant-Counter-Claimant-Appellee., 316 F.3d 324 (2nd Cir. 2003)

...A. Collateral Estoppel Effect of Parole Violation Hearing. At Cu...A stricter definition of the term would render collateral estoppel virtu...

• Federal Circuits

• Sensormatic Security v. Sensormatic Electronics, (4th Cir. 2008)

... SSC argued below that collateral estoppel ought to apply to the Winner court's deci... within the scope of that definition. . The district court declined to apply colla...

• Federal Circuits