Res judicata and collateral estoppel : tools for plaintiffs and defendants

Bibliographic Information

Res judicata and collateral estoppel : tools for plaintiffs and defendants

Warren Freedman

Quorum Books, 1988

Available at  / 18 libraries

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Bibliography: p. [113]-114

Includes indexes

Description and Table of Contents

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

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