Offensive collateral estoppel
Term · Law · MLC-T-LAW-003521
A legal doctrine allowing a plaintiff to prevent a defendant from relitigating an issue that the defendant has already litigated and lost in a prior lawsuit against a different plaintiff. This application of collateral estoppel is considered 'offensive' because the plaintiff is using a prior judgment to establish an element of their claim. Courts often consider fairness and judicial economy when deciding whether to permit its use.
| Identifier | MLC-T-LAW-003521 |
|---|---|
| Field | Law |
Record as JSON
{
"id": "MLC-T-LAW-003521",
"term": "Offensive collateral estoppel",
"field": "Law",
"definition": "A legal doctrine allowing a plaintiff to prevent a defendant from relitigating an issue that the defendant has already litigated and lost in a prior lawsuit against a different plaintiff. This application of collateral estoppel is considered 'offensive' because the plaintiff is using a prior judgment to establish an element of their claim. Courts often consider fairness and judicial economy when deciding whether to permit its use.",
"url": "https://mlchart.com/terminology/law/offensive-collateral-estoppel/"
}
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