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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]
Direct estoppel and collateral estoppel are part of the larger doctrine of issue preclusion. [2] Issue preclusion means that a party cannot litigate the same issue in a subsequent action. [3] Issue preclusion means that a party in a previous proceeding cannot litigate an identical issue that was adjudicated and had the judgment as an integral ...
In the law of the United States, federal preemption is the invalidation of a U.S. state law that conflicts with federal law. The rules of preemption seek to restrict it to only where it is explicit or necessary. In the course of adjudicating cases, the issue of preemption may be heard in either state or federal court.
The law relating to contractual estoppel (in English law) was summarised in Peekay Intermark Ltd v Australia and New Zealand Banking Group Ltd [2006] EWCA Civ 386: There is no reason in principle why parties to a contract should not agree that a certain state of affairs should form the basis for the transaction, whether it be the case or not.
Angelo Gambiglioni, De re iudicata, 1579 Res judicata or res iudicata, also known as claim preclusion, is the Latin term for judged matter, [1] and refers to either of two concepts in common law civil procedure: a case in which there has been a final judgment and that is no longer subject to appeal; and the legal doctrine meant to bar (or preclude) relitigation of a claim between the same parties.
Among the examples were a 2002 holding of Judge Charles B. Kornmann enjoining the Department of Agriculture from enforcing a rule promulgated under the Beef Promotion and Research Act [23] and a 2004 holding of Judge Reggie Walton enjoining the federal government from enforcing a policy it established under the Endangered Species Act. [24]
The Erie doctrine is a fundamental legal doctrine of civil procedure in the United States which mandates that a federal court called upon to resolve a dispute not directly implicating a federal question (most commonly when sitting in diversity jurisdiction, but also when applying supplemental jurisdiction to claims factually related to a federal question or in an adversary proceeding in ...
For example, a judge's decision not to hire an applicant for a job is not a "judicial" decision. However, in the prisoner rights case of Forchion v. Intensive Supervision Parole, et.al. , 240 F.Supp.2d 302 (2003) the federal district court Judge Irenas (Camden, NJ) interceded when it ruled " The Rooker–Feldman doctrine does not apply to this ...