GENERAL LEGAL PRINCIPLES; COLLATERAL ESTOPPEL; RES JUDICATA – In General
Single Topic for Decision A419M
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1405.01000 – In General
A necessary element of the doctrine of collateral estoppel or res judicata of separate litigation is that the proceeding in the litigation has ended with a final judgment on the merits. When the lower court decision in the litigation is on appeal, there is no final judgment on the merits in the litigation.