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LSDefine

Simple English definitions for legal terms

offensive collateral estoppel

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A quick definition of offensive collateral estoppel:

Offensive collateral estoppel is when a person sues someone else and uses a previous court decision against that person. This means that the person being sued cannot argue the same thing again, even if the new case is different from the old one. It's like saying "you already lost this argument before, so you can't use it again." This is different from defensive collateral estoppel, which is when the person being sued uses a previous court decision in their own defense.

A more thorough explanation:

Offensive collateral estoppel is a legal term that means a party cannot re-litigate an issue that has already been decided against them in a previous case. This applies even if the second case is different from the first one. It is called "offensive" because it is used by the plaintiff to prevent the defendant from re-litigating an issue.

Let's say that in a previous case, a court decided that a company was liable for a defective product that caused harm to a customer. In a new case, the same company is being sued by a different customer for the same issue. The new customer can use offensive collateral estoppel to prevent the company from re-litigating the issue of liability, since it has already been decided against them in the previous case.

This means that the company cannot argue that they are not liable for the defective product, even if they have new evidence or arguments. They are bound by the previous court's decision.

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TGM
18:41
not sure if I should email them to say that, or just hold off on sending it and not give an excuse
18:41
I think I just wouldn’t reach out and if they ask for them then say that
Dkk
18:41
@tgm Yeah sounds good, say that if they ask
18:47
hey yall
18:47
im premed idk why im here
18:48
we’re like cool and sexy and fun I get it
18:48
true i love ur user
18:49
thank you my little crow friend
Dkk
18:50
Med law easy done
medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
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