|“||Collateral estoppel encompasses three elements: (1) the issue at stake must be identical to the one involved in the prior action; (2) the issue must have been actually litigated in the prior action; and (3) the determination of the issue in the prior action must have been a necessary part of the judgment in that earlier action.||”|
The rationale behind issue preclusion is the prevention of legal harassment and the prevention of abuse of legal resources.
- ↑ Next Level Communications LP v. DSC Communications Corp., 179 F.3d 244, 250 (5th Cir. 1999) (full-text).
See also Edit
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