Collateral Estoppel

Question 1

Has the Virginia Supreme Court ever allowed nonmutual collateral estoppel?

Answer 1

No

Question 2

If Case 2 is in a different court system (i.e., federal or state) from Case 1, which system’s laws apply regarding res judicata or collateral estoppel?

Answer 2

Case 1

Question 3

If a claimant won Case 1, what is res judicata called?

What is the claimant lost?

Answer 3

Merger

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Question 4

What is the major exception in Virginia for the “same T/O” requirement with regard to res judicata and collateral estoppel?

Answer 4

When property damage and personal injury arise from the same T/O they are different causes of action

Question 5

Is a judgment or decree entitled to res judicata or collateral estoppel effect if it it has been appealed, or if the time for appeal has not ended?

Answer 5

Virginia - no

Federal - yes

Question 6

What is res judicata and collateral estoppel?

Answer 6

res judicata -You only get to sue on a cause of action (or claim) once. Thus, you must seek all relief available under that cause of action in a single case or else you waive the right to go after it later.

collateral estoppel-precludes relitigation of a particular issue that was litigated and determined in Case 1

Question 7

What is the rule regarding res judicata?

Answer 7

1. Case 1 and Case 2 were brought by the same claimant against the same defendant.
2. Case 1 ended in a valid final judgment or decree on the merits. Any judgment is on the merits unless it was based on jurisdiction, venue, or indispensable parties.
3. Case 1 and Case 2 involved assertion of the same cause of action. (This part can get tough because of different possible definitions of cause of action.)

Question 8

What is the rule regarding collateral estoppel?

Answer 8

1. Case 1 ended in a valid final judgment on the merits. S
2. An issue presented in Case 2 was actually litigated and determined in Case 1.
3. That issue was essential to the judgment in Case 1.

Question 9

Against whom may collateral estoppel be asserted?

Answer 9

Collateral estoppel may be asserted only against one who was a party to Case 1 (or represented by that party). Same as federal law.

Question 10

By whom may collateral estoppel be asserted?

Answer 10

It is always OK for someone who was a party to Case 1 to use collateral estoppel in Case 2 (if the other requirements are met). Under federal law, we saw that sometimes “nonmutual” collateral estoppel was OK.