Module 6.6: Collateral Estoppel Issue Preclusion

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This video is just one of 30 videos in Quimbee.com's lecture on Civil Procedure, which examines the various types of jurisdiction, such as personal jurisdiction, diversity jurisdiction, supplemental jurisdiction, and removal jurisdiction; how a suit is initiated, from the complaint and service of process to the motion to dismiss, joinder, interpleader, and discovery; the resolution and judgment phase of a suit, including res judicata and collateral estoppel; and the Erie Doctrine and how courts decide whether to apply federal or state law to a particular case.
"Civil Procedure" table of contents:
1. Introduction
+ Opening Remarks
2. Personal Jurisdiction and Location
+ Minimum Contacts
+ Purposeful Availment
+ Fairness as a Doctrinal Matter
+ General and Specific Jurisdiction
+ Presence, Domicile, Consent, & Quasi in Rem Jurisdiction
+ Long Arm Statutes
+ Fighting Personal Jurisdiction and Full Faith and Credit
+ Venue
+ Inconvenience: When It's Just Not Fair
3. Access to Federal Court
+ Introduction to Subject Matter Jurisdiction
+ Arising Under Jurisdiction
+ Diversity Jurisdiction
+ Supplemental Jurisdiction
+ Removal Jurisdiction
4. State Law and the Erie Doctrine
+ Erie in a Nutshell
+ Choice of Law
+ Separating Substance from Procedure
5. Initiating the Litigation
+ Complaint and Service of Process
+ Amendments and Relation Back
+ Motion to Dismiss
+ Answer
+ Joinder and Intervention
+ Counterclaims and Crossclaims
+ Interpleader
+ Sanctions
+ Discovery and Privilege
6. Resolution and Judgment
+ Dismissal
+ Summary Judgment
+ Judgment as a Matter of Law, JNOV, and New Trial
+ Appeal
+ Res Judicata (Claim Preclusion)
+ Collateral Estoppel (Issue Preclusion)
7. Conclusion
+ Closing Remarks
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Опубликовано:

8 фев 2015

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@rickiovine2170 Год назад

I first came across the application of collateral estoppel in a case decided by the 11th Circuit in Daniel Kordash v USA. They affirmed the decision from the District court by finding that the four elements necessary to apply collateral estoppel were present. One case they cited was Miller’s Ale House Inc. v Boynton Carolina Ale House (LLC, 702 F.3d 1312) which I mention because the court battle there was so very interesting, and set a precedent for this one. Kordash is a fascinating case, and I learned so much from it in its entirety. The opinions in the District court and then the Circuit affirmation are very long, but I highly recommend law students read them. There was clearly a difference in the level of experience and expertise among the lawyers. I believe that Kordash could have avoided collateral estoppel with it’s affirmative result and having his issue precluded. The end of the road for him, and certainly not the outcome he had fought for. He tried very hard, along with his team(s) but I think that his appeal was doomed by his lawyers in the district court. This case was for council well versed in (avoiding, or applying) issue preclusion, and, on this side of the aisle, how to avoid it being applied. Thank you for this excellent breakdown of a complex area of the law, which, becomes constitutional due to the 5th amendment’s double jeopardy protection. That is what drew me to it.