GENERAL LEGAL PRINCIPLES; COLLATERAL ESTOPPEL; RES JUDICATA – In General

Single Topic for Decision A419M

View all topics for Decision A419M

Full Decision Text (click on the link to view): Full Text

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.