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Res Judicata and Collateral Estoppel

Tools for Plaintiffs and Defendants

Res Judicata and Collateral Estoppel cover

Res Judicata and Collateral Estoppel

Tools for Plaintiffs and Defendants

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Description

With court calendars already overcrowded and the number of civil cases steadily mounting, prolonged litigation and successive lawsuits are becoming an increasing burden on plaintiffs, defendants, and the court system alike. The doctrines of res judicata and collateral estoppel, which are well respected by both the bench and the bar, offer the best means for avoiding such situations and for reaching swift and definitive judgement. This volume is the first work to provide clear, fully documented discussion of the subject, even for the nonspecialist attorney or manager. Written by a seasoned legal professional, it incorporates citations and systematic analyses of the most recent applicable case law.

Table of Contents

Definitions and Terminology
Historical Perspectives
Essential Elements of Res Judicata: Preclusion by Prior Adjudication
Essential Elements of Collateral Estoppel: Preclusion by Prior Adjudication
Offensive Collateral Estoppel v. Defensive Collateral Estoppel
Non-party Litigants and Due Process limitations on Application of Res Judicata and Collateral Estoppel
Other Forms of Preclusion
Insurance Policies and the Preclusive Devices of Waiver, Estoppel, and Election
Collateral Estoppel in Action
Preclusions of All Sorts and Sizes and Shapes
Notes
Bibliography
Index to Cases
Subject Index

Product details

Published 22 Feb 1988
Format Hardback
Edition 1st
Extent 136
ISBN 9780899302775
Imprint Praeger
Dimensions 235 x 156 mm
Publisher Bloomsbury Publishing

About the contributors

Author

Warren Freedman

WARREN FREEDMAN, a member of the New York, Federal…

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