Issue Preclusion

Summary Judgment Analysis

Issue Preclusion Elements

Nonmutual Issue Preclusion Elements

Determination of an issue of fact or law in one lawsuit is conclusive (and cannot be re-litigated) in another action where:

1. Issue of fact or law is identical in both lawsuits;

2. The issue was fully litigated and decided in the first action;

3. The issue was determined by a valid and final judgment;

4. And, the determination of the issue was necessary to the judgment in the first action

Due process requires that collateral estoppel (issue preclusion):

1. Be asserted only against a person who was a party to the first case

2. Or, in privity

• A stranger to the first suit can't be bound by its judgment.
• Therefore, asserting collateral estoppel requesting SJ against a stranger to the first suit, will be denied.