collateral estoppel issue preclusion

• Pownall v. Perrysburg, (Ohio 2002)

collateral estoppel; issue preclusion; barred from reconsideration.

• Ohio Supreme Court

• Wead v. Lutz, (Ohio 2005)

Final appealable order; mortgages; recording statute; assignments; res judicata; collateral estoppel; claim preclusion; issue preclusion.

• Ohio Supreme Court

• Issue Preclusion in Complex Litigation

BACKGROUND The doctrine of prior adjudication describes the ways in which a prior judgment may have preclusive effect in a subsequent action.2 It consists of two interrelated concepts: (1) res judicata or claim preclusion; and (2) collateral estoppel, also known as issue preclusion.3 The principle underlying claim preclusion and issue preclusion is that once a litigant has had a full and fair opportunity to litigate its case, it will not get a second chance to do so. Origins of Claim Preclusion Claim preclusion is rooted in the common law doctrine of bar and merger.5 At common law, if a plaintiff sued and won, it would be awarded a judgment; under the doctrine of merger, the successful cause of action would become merged into the judgment.6 The plaintiff could not re-sue on the same cl...

• Review of Litigation, The
• Vol. 29 Nbr. 4, July 2010

• Hope v. Lake Cty. Bd. of Commrs., (Ohio 2009)

CIVIL - summary judgment; Civ.R. 56; wrongful death; spoliation of evidence; sovereign immunity; suicide; res judicata; issue preclusion/collateral estoppel; fraud and collusion; reckless conduct; R.C. 2744.03(A)(6)(b); destruction of physical evidence

• Ohio Supreme Court

• Patrick T. v. Michelle L., (Ohio 2002)

A settlement agreement voluntarily made between unmarried parents to hyphenate a child's last name after revelation of the mother's prior misrepresentation in both the trial and appellate courts of the child's last name was not barred by issue preclusion or collateral estoppel. name change; settlement agreement; issue preclusion; collateral estoppel.

• Ohio Supreme Court

• San Remo Hotel, L. P. v. City and County of San Francisco, 545 U.S. ___ (2005)

... of federal takings claims that depended on issues identical to those previously resolved in the stat... from suit by the general rule of issue preclusion, petitioners asked the District Court to exempt th... judicata, or "claim preclusion," and collateral estoppel, or "issue preclusion." See Allen v. M...

• U.S. Supreme Court

• State ex rel. G&M Tanglewood, Inc. v. Desiderio, (Ohio 2004)

RES JUDICATA – writ of mandamus; appropriation; board of zoning appeals; summary judgment; claim preclusion; issue preclusion; collateral estoppel; land-use regulations.

• Ohio Supreme Court

• Shulman v. Lamphere, (10th Cir. 2011)

...and collateral estoppel. It may be cited, however, for its persua... was not subject to collateral estoppel (issue preclusion). At trial, the bankruptcy court furthe...

• Federal Circuits

• Bobby v. Bies, 556 U. S. (2009)

... from relitigating the mental retardation issue. The District Court granted the habeas petition, a... that all requirements for the issue preclusion component of the Double Jeopardy Clause were met i... Clause and its issue preclusion (collateral estoppel) component.1 First, Bies was not twice pu...

• U.S. Supreme Court

• Bobby v. Bies, 556 U. S. (2009)

... from relitigating the mental retardation issue. The District Court granted the habeas petition, a... that all requirements for the issue preclusion component of the Double Jeopardy Clause were met i... Clause and its issue preclusion (collateral estoppel) component.1 First, Bies was not twice pu...

• U.S. Supreme Court