Sunday, November 29, 2015

Southern Pacific Railroad v. United States case brief summary

Southern Pacific Railroad v. United States case brief
1897

  • most frequently quoted description of what was once called collateral estoppel and now issue preclusion 


Reasoning: States that a right, question, or fact distinctly put in issue and determined as a ground of recovery cannot be disputed in a later suit with same parties even on a different cause of action. The right, question, or fact once so determined must be taken as conclusively established.


Note: Claim preclusion says that a claim is barred by failure to raise that claim earlier but issue preclusion applies only to matters argued and decided in an earlier lawsuit. To trigger issue preclusion, it is necessary to examine the nature of the first action and the judgment must have been valid, final and on the merits plus actually litigated in first action. 

No comments:

Post a Comment

Search Thousands of Case Briefs and Articles.