Can collateral estoppel be applied in a personal injury action?
MultiRegion, United States of America
The following excerpt is from Washington Public Power Supply System v. Pittsburgh-Des Moines Corp., 985 F.2d 577 (9th Cir. 1993):
Whether collateral estoppel is available is a mixed question of law and fact subject to de novo review. Plaine v. McCabe, 797 F.2d 713, 718 (9th Cir.1986). Once the availability of collateral estoppel is determined, a district court's decision to apply collateral estoppel is reviewed for abuse of discretion. Id.
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