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Motion of Collateral Stoppel Form in California

Motion of Collateral Stoppel Form in California

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Recent attempt to deflect attention from the merits – or lack thereof – of their antitrust claims is contrary to settled law and constitutes an invitation to commit error. Apparently realizing that the facts refute their contention that Rambus willfully destroyed evidence (itself a collateral issue unrelated to the merits of this case), Complaint Counsel have resorted to making a desperate end run around those facts. They now ask Your Honor simply to preclude Rambus from denying that it...
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Once an issue was actually litigated and decided on the merits by a court that issue may not be litigated a second time even if done later than part of an unrelated lawsuit unlike res judicata collateral estoppel only applies to issues actually litigated and decided by the court in one sense collateral estoppel is more narrow than res judicata if you recall we said that res judicata bars all claims that could have been brought pursuant to the transaction or occurrence that underlies the case collateral estoppel is limited explicitly to issues that were actually litigated, but collateral estoppel is also more broad than res judicata it bars the Reid litigation of issues even if the prior litigation and the current litigation did not arise out of the same transaction or occurrence indeed even if they are otherwise completely unrelated let's use an example to illustrate Paul and Deborah have a contract dispute Paul sues Deborah for breach of contract Deborah Kerr Deborah defends by saying


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