What is estoppel? What is collateral estoppel?

Answer

collateral estoppel (e-stop-əl) (1941) 1. The binding effect of a judgment as to matters actually litigated and determined in one action on later controversies between the parties involving a different claim from that on which the original judgment was based. 2. A doctrine barring a party from relitigating an issue determined against that party in an earlier action, even if the second action differs significantly from the first one. — Also termed issue preclusionissue estoppeldirect estoppelestoppel by judgmentestoppel by recordestoppel by verdictcause-of-action estoppeltechnical estoppelestoppel per rem judicatam. Cf. RES JUDICATA.

COLLATERAL ESTOPPEL, Black's Law Dictionary (11th ed. 2019)

estoppel (e-stop-əl) n. (16c) 1. A bar that prevents one from asserting a claim or right that contradicts what one has said or done before or what has been legally established as true. 2. A bar that prevents the relitigation of issues. 3. An affirmative defense alleging good-faith reliance on a misleading representation and an injury or detrimental change in position resulting from that reliance. Cf. WAIVER (2). — estop, vb.

ESTOPPEL, Black's Law Dictionary (11th ed. 2019)

Pertinent Consolidated Laws

  • Dismissal of Action Based on Estoppel, Collateral Estoppel -- Civil Practice Law & Rules (CPLR) 3211
  • Pleading -- Civil Practice Law & Rules (CPLR) 3018
  • Last Updated May 24, 2022
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