Res Judicata and Collateral Estoppel

Question 1

Does Collateral Estoppel apply to the government or government agencies?

Answer 1

No. Collateral Estoppel does not apply to the government because the US government gets sued all the time. So it would be impossible to apply collateral estoppel to every case. The government must have the freedom to settle some cases and challenge others.

Question 2

What is Intracircuit Acquiescene?

Answer 2

If an agency loses in the 7th Circuit, they can still charge others under the rule, while continuing the challenge of the rule.

Question 3

What is Introcircuit Acquiscene?

Answer 3

If an agency loses in the 7th Circuit, and the rule is invalidated, they can still charge people in other circuits with that rule, even though it was declared invalid.