Note: this relation-back fact pattern (to best of Professor Nathenson’s knowledge) was written initially by ALI Zachary Smith, and updated by ALI Cristina Morales. Peter Parker and Paul Pierce are obsessed with playing video games. Every Saturday night, Parker and Pierce play Battleship Enterprise, an intense World War II naval combat game. Many gaming experts […]
In general The relationship between fairness, finality, and flexibility Claim preclusion (a/k/a/ res judicata) Claim preclusion problem set: questions Claim preclusion problem set: explanations Issue preclusion (a/k/a collateral estoppel) When is an issue “essential to the judgment”? Issue preclusion problem set: questions Issue preclusion problem set: explanations Non-mutual issue preclusion (a/k/a/ non-mutual collateral estoppel) Non-mutual […]
Instructions: ASSUME we are in a jurisdiction with a contributory negligence rule. FURTHER ASSUME that the record shows that the finder of fact actually decided each of the eight bullet-point issues below. For each of the eight issues actually decided, ask, going issue-by-issue: if the outcome of that issue were reversed, would the result of the […]
Non-mutual issue preclusion is the exercise of issue preclusion (a/k/a/ collateral estoppel) by a person who was not a party to the prior litigation. That person might be a claimant (asserting it offensively, thus “offensive non-mutual issue preclusion”), or a defending party (asserting it defensively, thus “defensive non-mutual issue preclusion”). Non-mutual issue preclusion (or “NMIP”) […]
