Can collateral estoppel apply in a personal injury case?
The following excerpt is from Greenstein v. Wells Fargo Bank, N.A. (In re Greenstein), Adv. Case No.: 1:15-ap-01220-MB, Case No.: 1:12-bk-15099-MB (Bankr. C.D. Cal. 2017):
Under federal law, four factors must be present for collateral estoppel to apply: (1) the issue at stake was identical to the issue in the previous proceeding; (2) the issue was actually litigated and decided in the prior proceeding; (3) there was a full and fair opportunity to litigate the issue; and (4) the issue was necessary to decide the merits. Oyeniran v. Holder, 672 F.3d 800, 806 (9th Cir. 2012).
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