Word of the Day

Collateral estoppel:

Collateral estoppel (CE), known in modern terminology as issue preclusion, is a common law estoppel doctrine that prevents a person from relitigating an issue. One summary is that, “once a court has decided an issue of fact or law necessary to its judgment, that decision … preclude[s] relitigation of the issue in a suit on a different cause of action involving a party to the first case”.[1] The rationale behind issue preclusion is the prevention of legal harassment and the prevention of abuse of judicial resources. [Wikipedia]

Used on Lawfare by Samuel Bray:

Many other objections to the national injunction exist (some are raised in this article). It is an end-run around the requirements for class actions. Notably even in a class action, the remedy is supposed to protect the plaintiff class, not other people. National injunctions are also in tension with a number of technical doctrines of federal courts. These include doctrines about collateral estoppel against the government, limited authority for a single district judge to make precedent or “clearly established law,” and the narrow scope of who can bring contempt proceedings to enforce an order.

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Former BBS operator; software engineer; cat lackey.

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