Does collateral estoppel apply where a party has not had a full opportunity to litigate the issue?
MultiRegion, United States of America
The following excerpt is from In re GSC Grp., Inc., Case No. 10-14653 (SCC) (Bankr. S.D.N.Y. 2013):
309. See, e.g., Allen v. McCurry, 449 U.S. 90, 101 (1980) ("Collateral estoppel does not apply where the party against whom an earlier court decision is asserted did not have a full and fair opportunity to litigate the claim or issue decided by the first court.").
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