collateral estoppel mutuality

• Hoover v. Transcontinental Ins. Co., (Ohio 2004)

The trial court properly applied collateral estoppel to preclude the appellant from seeking to establish that an automobile accident caused his cognitive/amnestic disorder. The appellant fully had litigated the same issue unsuccessfully in a prior workers’ compensation action. Although the appellees were not parties to the workers’ compensation action, they were entitled to invoke collateral estoppel in the present case because mutuality of parties was not required. Judgment affirmed. (Fain, P.J., dissents).

• Ohio Supreme Court

• Parklane Hosiery Co. v. Shore, 439 U.S. 322 (1979)

..., asserting that they were collaterally estopped from relitigating the issues that had bee... that such an application of collateral estoppel would deny petitioners their Seventh Amendment rig...Pp. 326-333. (a) The mutuality doctrine, under which neither party could use a pr...

• U.S. Supreme Court

• Capital City Insurance Company v. Latasha Hurst, (5th Cir. 2011)

... the manslaughter conviction collaterally estopped the defendants—the plaintiffs in th...1993). In Mississippi, collateral estoppel requires that four elements be satisfied: “(1) A... final element of collateral estoppel, mutuality of the parties, is also satisfied in this case. Mi...

• Federal Circuits

• Blonder-Tongue Laboratories, Inc. v. University of Ill. Foundation, 402 U.S. 313 (1971)

... to the extent that it forecloses an estoppel plea by one facing a charge of infringement of a p... acceptance of the doctrine of mutuality of estoppel, since limited significantly, and that... in a prior action - may not be collaterally estopped without litigating the issue. They have n...

• U.S. Supreme Court

• United States v. Mendoza,, 464 U.S. 154 (1984)

... court held that the Government was collaterally estopped from litigating the constitutional issue ... (a) Under the doctrine of collateral estoppel, once a court has decided an issue of fact or law ... so by abandoning the requirement of mutuality of parties, Blonder-Tongue Laboratories, Inc. v. U...

• U.S. Supreme Court

• Neinast v. Fairfield Cty. Dist. Library Bd. of Trustees, (Ohio 2011)

Declaratory Judgment Action; Footwear Policy

... because there is non-mutuality of parties, it was  error to impose collateral estoppel.... barred under the doctrine of collateral estoppel.  Upon Neinast’s appeal, we found  summary�...

• Ohio Supreme Court

• United States v. Stauffer Chemical Co.,, 464 U.S. 165 (1984)

... that the Government should be collaterally estopped from asserting that 114(a)(2) authorizes ... and, alternatively, on the collateral-estoppel issue. Held:. The doctrine of mutual defensive c... the Government in the absence of mutuality. While the Sixth Circuit's decision prevents EPA f...

• U.S. Supreme Court

• Unpublished Disposition Notice: Sixth Circuit Rule 24(C) States that Citation of Unpublished Dispositions is Disfavored Except for Establishing Res Judicata, Estoppel, or the Law of the Case and Requires Service of Copies of Cited Unpublished Dispositions of the Sixth Circuit. Paul K. Freeman, Plaintiff-Appellant, v. Ramada Inn, Inc. and Detective Jenney; and Detective Balogh, Defendants- Appellees., 805 F.2d 1034 (6th Cir. 1986)

... erred in granting summary judgment on collateral estoppel grounds is basically twofold. First, plai... the application of collateral estoppel, mutuality of parties, has not been met in the instant case. ...

• Federal Circuits

• 12 Neng Por Yang v. Terry Nutter, (8th Cir. 2012)

... the doctrines of res judicata and collateral estoppel. See 28U.S.C. § 1738 (judicial proceedin...1990) (Minnesota does not require "mutuality" of parties as predicate to invocation of collater...

• Federal Circuits

• Carpenter v. Long, (Ohio 2011)

... the use of non-mutual defensive collateral  estoppel to prohibit a party or another person fr... in this case in the absence of mutuality of  parties.  This issue of the proper recipien...

• Ohio Supreme Court