Collateral estoppel — issue preclusion — prohibits the re-litigation of certain issues. Similarly, res judicata — claim preclusion — prohibits the re-litigation of claims. In order for a claim to be barred by res judicata, the following factors must be met: 1) identity of the thing sued for; 2) identity of the cause of action; 3) identity of the persons…
Legal Articles
Laches & Unclean Hands: Defenses to Equitable Claims
Legal damages are appropriate when an amount of money would be sufficient compensation for a wrong committed. Equitable remedies are appropriate when the Court order a person to do something or stop from doing something, such as with a temporary restraining order or injunction, because money is inadequate. While there are all sorts of defenses…