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 preclusion; issue estoppel; direct estoppel; estoppel by judgment; estoppel by record; estoppel by verdict; cause-of-action estoppel; technical estoppel; estoppel 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