Estoppel

Question 1

Estoppel

Answer 1

generic term for “you can’t do that.”
- Res Judicata
- Collateral Estoppel
- Law of the Case
- Judicial Estoppel
- Equitable estoppel
- Promissory estoppel

Question 2

Res Judicata

Answer 2

Claim Preclusion
Estoppel of Case Reincarnation
-Cannot re-litigate the entire claim. Estopped from litigating the claim.

E.g. Case dismissed on the merit. Cannot commence another action based on the same event.
E.g. Action 1 Dismissal of legal malpractice action against atty.
Action 2: Dismissal of action for breach of fiduciary duty, conspiracy and deprivation of constitutional rights based on same occurences against same atty.

Question 3

Collateral Estoppel

Answer 3

Issue preclusion in different case
- Cannot re-litigate a specific issue already decided in another case, including administrative decisions

E.g. Proceeding 1: Taxi driver was subjected to an Adminstrative Hearing by TLC for drug use. The Taxi and Limo Commission [TLC] revoked Taxi Driver’s TLC taxi license because the drug test found cocaine in the driver’s urine.
Proceeding 2: Taxi driver sued the drug testing company for negligence. Case dismissed on Collateral Estoppel Grounds.
The First Department affirmed dismissal of the negligence case on that grounds of collateral estoppel, holding that the issues raised in the negligence action against the drug testing company were raised by the taxi driver at the “fitness hearing” befor the TLC and rejected. Those results at the TLC adminstrative hearinf found that the test was valid and that finding is collateral estoppel in the negligence case against the drug company.

Question 4

Law of the Case: Issue Preclusion inside the same case

Answer 4

At issue decides in an action canot be re-litigated within that same action. [When the front door is closed, the back door is closed too. [and locked]]

E.g. Court denied motion to asser a defense of lack of personal jx.
Def then moved to amend process related to service of the summons + complaint.
Denied – “Def’s proposed counterclaim is simply another attempt to challenge personal jx, which she has repeatedly, unsuccessfully litigated, and is law of the case.”

Question 5

When the action is for a permanent injunction… What is the effect of Law of the Case on the granting of a preliminary injunction?

Answer 5

NONE

Question 6

Res Judicata – What Must Be Shown

Answer 6

1. Final Judgment on the Merits
2. Same claim - that is, same transaction or series of connected transactions
3. Full and fair opportunity to litigate the earlier proceeding