estoppel

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  • noun

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a rule of evidence whereby a person is barred from denying the truth of a fact that has already been settled

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References in periodicals archive ?
Indeed, an unfavorable workers' compensation ruling against a plaintiff could be used as a vehicle to get summary judgment through the doctrine of "collateral estoppel.
Collateral estoppel is defined in Black's Law Dictionary as the "binding effect of a judgment as to matters actually litigated and determined in one action on later controversies between the parties involving a different claim from that on which the original judgment was based.
Normally, collateral estoppel is asserted based on a prior ruling by a court of law, but sometimes courts apply the doctrine based upon the prior judgments of administrative law panels.
1966), the Court expanded the application of collateral estoppel by holding that administrative rulings preclude later suits when the administrative body is acting in a judicial capacity and resolves issues that the parties had an adequate opportunity to litigate.
Furthermore, Part V presents an argument regarding the significance of issue estoppels, which should--in my opinion--apply anyway, even if we reconsider the need for a broad-scope rule of cause of action estoppel.
The Supreme Court of Canada also held that discretion may be exercised in the application of both issue and cause of action estoppels.
Also note that the actual effect of the few factors favouring the current rules of cause of action estoppel is rather small because the effects of issue estoppels or preclusion already ensure that an issue determined in a prior action cannot be relitigated if it arises in a later action based on a different claim or demand.
The article challenges the traditional assumption that the rule of cause of action estoppel increases efficiency by introducing some economic and behavioural effects of the rule, especially the effects of the rule against splitting a single claire or cause of action.
The threshold question is whether factual or legal determinations rendered by an agency during the disciplinary process can preclude litigation of certain claims or issues in the civil suit under the doctrines of collateral estoppel or res judicata.
In Florida, a party seeking to invoke the collateral estoppel has the burden to establish the following requirements: 1) the issue being litigated is identical to the issue previously litigated between the same parties; 2) the issue was actually and fully litigated; and 3) final decision was rendered in a court of competent jurisdiction.
Final Administrative Orders and Collateral Estoppel
The Order granted Defendants' the right to file a summary judgment motion regarding on-sale bar, but denied them the opportunity regarding the equitable defenses of estoppel and laches.
Instead, the author maintains that the principled exception is merely an application of conventional estoppel to the facts found in London Drugs and Fraser Rivet" (and other similar privity cases).
Part VI then applies this understanding of the exception to the facts of London Drugs and Fraser River to see if conventional estoppel can also explain the conclusions reached in these cases.
89) For example, the traditional response of the law to situations where a person's assumptions about the outcome of a particular dispute differ from the law's prescribed outcomes is not to change the law but to change the application of the law as between these parties using doctrines such as estoppel or waiver.