Legal Articles

Finality re: Collateral Estoppel, Res Judicata

Collateral estoppel is  a “court-made doctrine,” precluding re-litigation of an issue previously decided. Sexton v. Jenkins & Associates, Inc., 152 S.W.3d 270, 273 (Mo. 2004). To be “final” for collateral estoppel purposes, a judgment need only be “sufficiently firm to be accorded conclusive effect.” Ogle v. Guardsman Ins. Co., 701 S.W.2d 469, 471 (Mo. App….

Offensive Collateral Estoppel

Collateral estoppel prevents the relitigation of any issues necessarily and unambiguously determined in a prior litigation from being relitigated again in a subsequent litigation. It can be used either defensively or offensively. When a defendant attempts to use collateral estoppel, he or she is saying that the plaintiff is precluded from arguing some claim because…

Law of the Case Doctrine, Re-litigation

There are numerous legal theories and arguments which prohibit the re-litigation of certain issues that were previously decided (e.g, collateral estoppel, res judicata). One such theory — the “law-of-the-case doctrine” — dictates that a previous holding or finding in a case constitutes the law of the case and precludes re-litigation of the issue on remand…

Collateral Estoppel — Issue Preclusion

Courts are crowded with litigation. To combat this overcrowding, judicial doctrines have been developed to cut down on repetitive litigation and help facilitate prompt judicial resolutions.  Collateral estoppel, or issue preclusion, precludes the same parties, or those in privity with the parties, from re-litigating issues that have been previously litigated. In deciding whether collateral estoppel is proper, Courts consider: (1)…

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