Does collateral estoppel apply to a party who has been involved in the same action as the other party?
"New York", United States of America
The following excerpt is from Juan C. v. Cortines, 657 N.Y.S.2d 581, 679 N.E.2d 1061, 89 N.Y.2d 659 (N.Y. 1997):
We turn our attention now especially to the identity of party aspect of the doctrine. Generally, a party appearing in an action in one capacity is not bound by the doctrine of collateral estoppel in a subsequent action in which the party appears in a different capacity (see, e.g., Green v. Santa Fe Indus., 70 N.Y.2d 244, 254, 519 N.Y.S.2d 793, 514 N.E.2d 105; see also, Restatement [Second] of Judgments 36[2], at 359).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does collateral estoppel apply to a state judgment in a federal civil rights action? (MultiRegion, United States of America)
Does the doctrine of mootness apply in cases where the parties have been involved in the action for over a year? (Canada (Federal), Canada)
Does a party have jurisdiction to bring a supplemental pleading that alleges that a party was involved in a dispute with the other party before the date of filing? (MultiRegion, United States of America)
Can collateral estoppel be applied in a personal injury action? (MultiRegion, United States of America)
Does collateral estoppel apply where a party has not had a full opportunity to litigate the issue? (MultiRegion, United States of America)
Can collateral estoppel apply to a judgment in a federal civil rights action? (MultiRegion, United States of America)
Does collateral estoppel apply to a state court judgment in a federal civil rights action? (MultiRegion, United States of America)
What is the effect of a federal action for non-federal action in which a plaintiff is seeking to force a federal judge to dismiss the federal action? (MultiRegion, United States of America)
What is the test for dismissing an action on the grounds that there is another action pending between the parties? ("New York", United States of America)
In a diversity action, in what circumstances can the opposing parties claim attorney's fees for the prevailing party? (MultiRegion, United States of America)
