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| | Collateral estoppel - Wikipedia, the free encyclopedia |
 | | Collateral estoppel, also sometimes known as issue preclusion, is a common law estoppel doctrine that prevents a person from relitigating an issue. | | | Under the full faith and credit clause of the U.S. Constitution, the collateral estoppel effect of a judgment is determined by the law of the jurisdiction issuing the judgment. | | | Traditionally, collateral estoppel applied only where there was mutuality of parties, meaning that both the party seeking to employ collateral estoppel and the party against which collateral estoppel is sought were parties to the prior action. |
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http://en.wikipedia.org/wiki/Collateral_estoppel
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| | Estoppel |
| | To prove estoppel, claimant was required to show by clear, precise and unequivocal evidence that she relied upon an act or statement of employer or its agent in refraining from filing a claim within the statutory period. | | | Therefore, she "didn't do anything." To prove estoppel, a claimant must: (1) show by "clear, precise and unequivocal evidence"; (2) that he or she relied to his or her detriment; (3) upon an act or statement of the employer or its agent; (4) to refrain from filing a claim within the statutory period. | | | To prove estoppel, a claimant must show by "clear, precise and unequivocal evidence" that he relied to his detriment upon an act or statement of employer or its agent to refrain from filing a claim within the statutory period. |
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http://www.gormannet.com/LegalSummaries-Estoppel.htm
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| | 03-594 |
| | While the term judicial estoppel has not often been used by this court, the principle against allowing parties to take inconsistent positions in litigation is not a principle of law unfamiliar to this court. | | | The application of judicial estoppel requires a showing by the party seeking to invoke judicial estoppel that the petitioner acted fast and loose with the courts. | | | In C.J.S., the doctrine of judicial estoppel was defined as a doctrine that is not strictly of estoppel, but also "partakes rather of the positive rules of procedure based on manifest justice and, to a greater or lesser degree, on considerations of the orderliness, regularity, and expeditious of litigation." 31 C.J.S. §117 at 378. |
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http://courts.state.ar.us/opinions/2004a/20040108/03-594.html
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| | estoppel; definition |
| | In summary, estoppel “is a principle of justice and of equity. | | | Estoppel may even prevent a person from stating that something is true and, therefore, should be now acted on with a legal consequence, if that statement is inconsistent with a previously accepted statement. | | | quitable and promissory estoppel (also called ‘quasi-estoppel’) are akin and may be distinguished from estoppel based on a deed, or a record or judgment of a court. |
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http://www.deltaalpha.com/terms/estoppel.html
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| | "Collateral Estoppel" Defined |
| | Under collateral estoppel, once a court has decided an issue of fact or law ncessary to its judgment, that decision may preclude relitigation of the issue in a suit on a different cause of action involving a party to the first case. | | | The collateral estoppel bar is inapplicable when the claimant did not have a 'full and fair opportunity to litigate' the issue decided by the other court. | | | Ordinarily, collateral estoppel is an affirmative defense that must be raised by the party seeking to use it, or else it is waived. |
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http://www.lectlaw.com/def/c171.htm
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| | estoppel |
| | Tenant's "Estoppel Certificate." Lender will require each tenant to sign a document certifying the facts of the tenancy such as the monthly rent and the amount of the security deposit. | | | "Estoppel" usually is based upon a representation of fact which the party is not permitted to deny. | | | A promise to give money to a charity is a classic example of promissory estoppel which will be enforced by a court when the charity makes expenditures or incurs obligations in reliance upon the promise. |
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http://www.mdeansutton.com/estoppel.htm
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| | Mississippi Real Estate Dictionary: Estoppel |
| | Estoppel is one of those complicated legal concepts designed to prevent an injustice being done by the strict application of law. | | | If someone states that something is so and, in reliance upon that statement, another person acts in a particular way, possibly to their detriment, then the person who made the statement is prevented, or estopped, from denying the correctness of the statement which they originally made. |
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http://ms-real-estate.info/dictionary/2005/02/estoppel.html
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| | Creditnet estoppel discussion |
| | Estoppel includes being barred by false representation or concealment (equitable estoppel), failure to take legal action until the other party is prejudiced by the delay (estoppel by laches), and a court ruling against the party on the same matter in a different case (collateral estoppel). | | | That would be a breach of a verbal or written contract, not an estoppel action. | | | If one did bring an estoppel action one would have to do so in answer to for summary judgment in order to estop the collector from proceeding with his case because of his failure to validate the debt in a timely and proper manner. |
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http://www.creditwrench.greatnow.com/Creditnet~Estoppel~Discussion.html
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| | Easing Estoppel Delays |
| | Once a tenant makes a statement in a tenant estoppel certificate, that tenant will be "estopped," or blocked, from acting contrary to that statement in the future. | | | Further, the owner's lease form should contain an estoppel certificate clause that requires tenants to deliver estoppel certificates to the owner in the form attached to the lease within a few days of the request. | | | In addition, despite the fact that a lease may require that the tenant deliver an estoppel certificate, there is no guarantee that the tenant actually will deliver the estoppel certificate in the required time period. |
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http://retailtrafficmag.com/mag/retail_easing_estoppel_delays/index.html
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| | NodeWorks - Encyclopedia: Prosecution history estoppel |
| | Prosecution history estoppel, also known as file-wrapper estoppel, is a term used in United States patent law to indicate that a person who has filed a patent application, and then makes amendments to the application to accommodate the patent law, has no cause of action for infringement to the pre-amendment patent claims that were amended. | | | Prosecution history estoppel is a bar to the use of the doctrine of equivalents, but only to the extent that the amendments were made with the intent of narrowing the claims made in the patent, so as to avoid some problem that would void an overbroad patent, such as overlap with a different patent. |
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http://pedia.nodeworks.com/P/PR/PRO/Prosecution_history_estoppel
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| | Promissory Estoppel and the Statute of Frauds in Missouri |
| | Missouri courts have shown reluctance in expanding the use of promissory estoppel beyond the lack-of-consideration cases to cases in which promissory estoppel is invoked for the purpose of circumventing the Statute of Frauds. | | | Nevertheless, Missouri courts have ruled that promissory estoppel may be used to enforce oral contracts whose enforcement is otherwise prohibited by the Statute of Frauds. | | | As a result, a claim of promissory estoppel may circumvent the Statute of Frauds in extreme cases only after clear and convincing proof in a court of equity that there was an oral promise upon which the promisee reasonably relied to his detriment. |
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http://www.mobar.org/journal/2002/mayjun/luepke.htm
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| | PROMISSORY ESTOPPEL: REVOLUTION AND COUNTERREVOLUTION |
| | According to the counterrevolutionaries, though, promissory estoppel claims are usually rejected by courts. | | | Since the purpose of the empirical studies is to determine whether courts are generally hostile to promissory estoppel as a legal theory, Kostritsky says, you shouldn't just count as "wins" cases where the plaintiffs prevailed on the merits at trial. | | | A contract law counterrevolution, launched in 1997 with empirical studies attacking the doctrine of promissory estoppel, is under heavy fire from a new report. |
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http://www.felahfd.com/HFDLaw/notebook/34.htm
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| | [No title] |
| | Hence, under the doctrine of collateral estoppel as applied through the double jeopardy clause of the Fifth Amendment, the government should be prohibited from re-litigating the issue. | | | The government should be precluded from re-litigating this issue under the theory of collateral estoppel as it applies to criminal proceedings through the protection of the double jeopardy clause of the Fifth Amendment. | | | Collateral estoppel "means simply that when an issue of ultimate fact has once been determined by a valid and final judgement, that issue cannot again be litigated between the same parties in any future lawsuit." Ashe v. |
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http://www.dcfpd.org/motions/alaska/dismiss/estopp2.htm
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| | Henry M. Feiereisen, LLC - Intellectual Properties Services |
| | The Court noted that "[p]rosecution history estoppel continues to be available as a defense to infringement." Id. However, "if the patent holder demonstrates that an amendment required during prosecution had a purpose unrelated to patentability, a court must consider that purpose in order to decide whether an estoppel is precluded." Id. at 40-41. | | | Prosecution history estoppel is a legal question that is subject to de novo review by this court. | | | In cases before Warner-Jenkinson, the Supreme Court applied prosecution history estoppel to preclude a finding of infringement under the doctrine of equivalents, but the Court did not analyze the actual scope of equivalents that might be available when prosecution history estoppel applied, i.e., the extent of the subject matter surrendered by amendment. |
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http://www.feiereisenllc.com/patents3.html
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| | LEASE AGREEMENT REFERENCE GUIDE: LARG 1590 THE HUMBLE ESTOPPEL--MAKING THIRD PARTIES COMFORTABLE ... |
| | Pro-landlord estoppels have traditionally contained statements by the tenant confirming the lease’s commencement and expiration dates, the amount of rent payable, the presence of prepaid rent, and security deposit, and the existence of options to purchase, expand or renew in favor of the tenant. | | | Major tenants also began demanding that the landlord provide estoppels if the tenant was transferring all or part of its interest in the premises to a third party via an assignment or sublease. | | | The form of such pro-tenant estoppels executed by the landlord was quite similar to that of traditional estoppels executed by the tenant for a sale or loan. |
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http://www.leasingprofessional.com/Newlp/LARG/LRG1590/largs1590.htm
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| | trust estoppel licence part 3 |
| | Nevertheless, the court could I suggest, under the principles of proprietary estoppel, hold the purchaser bound by the arrangement, and order the purchaser (or any subsequent purchaser) either to allow her to continue in occupation or to pay her compensation for loss of her licence. | | | First, even in the case of proprietary estoppel, it is not the function of the courts to impose proprietary solutions on the parties regardless of their | | | In the case of an estoppel (as in the case of a detrimental reliance trust) it is likely to become necessary to spell out the precise content/extent of the rights contained in the estoppel. |
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http://www.spr-consilio.com/estoppel3.html
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| | Promissory estoppel |
| | Promissory estoppel is used where, although there may not otherwise be a enforceable contract, because one party has relied on the promise of the other, it would be unfair not to enforce the agreement. | | | Quasi contracts have the same judical effect of trying to avoid an unfair result but they differe from promissory estoppel because in quasi contracts, there was NO promise made at all. | | | A doctrine in which a non contractual promise may be made enforceable to avoid an injustice. |
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http://facstaff.gallaudet.edu/marshall.wick/bus447/promissory_estoppel.html
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| | 'THE INFORMANT' MEETS 'THE ESTOPPEL' IN A BATTLE OVER A MILLION STOCK SHARES |
| | Quasi-estoppel is similar to equitable estoppel in that it may not be invoked by a stranger to the transaction where the prior position was asserted. | | | Another related concept is "that branch of equitable estoppel known as 'quasi- estoppel' or 'estoppel by benefit.' Under a quasi-estoppel theory, a party who accepts a transaction or instrument and then accepts benefits under it may be estopped to take a later position inconsistent with the prior acceptance of that same transaction or instrument. | | | This essential purpose necessarily limits the application of judicial estoppel relative to those doctrines that may be applied when litigants, not courts, are threatened by a party's shift in position. |
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http://www.felahfd.com/HFDLaw/notebook/399.htm
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| | Essential Estoppels |
| | The signed estoppel letter helps to legally "close the payor’s mouth" about some issues, because the payor’s signature is a verification of the terms, conditions and mathematical calculations concerning the note you are buying. | | | With an estoppel letter in hand, you may be able to increase your standing as a Holder-in-due-course, an elite legal position. | | | Another legal rationale is that even an estoppel letter isn’t a protection from a payor’s real defenses, such as fraud, forgery, incapacity, coercion, etc. As a practical matter, requesting an estoppel letter can help you avoid many situations where the payor has a real defense. |
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http://www.wallstreetbrokers.com/estoppel.htm
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| | [No title] |
| | 1982) (applying equitable estoppel against the government when it attempted to reincarcerate a parolee who was incorrectly released from custody). | | | Tn order to apply equitable estoppel against the government, six requirements must be met. | | | The Ninth Circuit has clearly held that "where justice and fair play require it, estoppel will be applied against the government." Watkins v. |
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http://www.dcfpd.org/motions/alaska/dismiss/estoppel.htm
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| | ESTOPPEL - LoveToKnow Article on ESTOPPEL |
| | Estoppel of whatever kind is subject to one general rule, that it cannot override the law of the land; for example, a corporation would not be estopped as to acts which are ultra vires. | | | (2) It is one of the privileges of deeds as distinguished from simple contracts that they operate by way of estoppel. | | | The rule practically comes to this that, when a person in his dealings with others has acted so as to induce them to believe a thing to be true and to act on such belief, he may not in any proceeding between himself and them deny the thing to be true: e.g. |
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http://www.1911encyclopedia.org/E/ES/ESTOPPEL.htm
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| | Res Judicata |
| | Collateral estoppel arises from a different cause of action and prevents parties or their privies from relitigating facts and issues in second suit that were fully litigated in the first suit. | | | The general rule was that estoppel must be mutual, i.e., the only parties who could invoke collateral estoppel were those who were involved in the suit in which the issue was initially decided. | | | Collateral estoppel applies only to issues that have actually been determined in the first action and not to those which might have been determined but were not. |
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http://www.west.net/~smith/resjud.htm
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| | Patent Prospector: Waiver & Estoppel |
| | Because waiver and estoppel are the only available grounds on which to affirm the district court’s construction, we first consider whether Ericsson waived, or is estopped from asserting, any of its claim construction arguments based on its actions before the district court. | | | Waiver is a procedural issue, but if one views the issue more narrowly as “waiver of a claim construction argument,” rather than the more general “waiver of an appellate argument,” it seems indisputably unique to patent law. | | | The dispute on appeal was whether Ericsson was estopped from certain claim construction arguments because of its previous position before the district court. |
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http://www.patenthawk.com/blog/archives/2005/08/waiver_estoppel.html
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| | Estoppel |
| | c) In contrast to promissory estoppel, the reliance may depend upon a promise which is merely implied; it need not be 'clear and unambiguous'. | | | b) In contrast to promissory estoppel, this doctrine can be applied only when the person acting on the promise has acted not only in reliance of it, but also to his detriment: | | | b) Solution: doctrine of promissory estoppel: somebody who has made a clear and unambiguous promise cannot resile from that promise. |
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http://peisker.de/ffa/6-Estoppel.htm
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| | Equitable estoppel - Hutchinson encyclopedia article about Equitable estoppel |
| | For the rule of estoppel to operate in law, a denial of the truth of the statement or facts relating to it must have been made, and the person hoping to benefit from the estoppel must have acted upon the denial before the true position was known (usually to his or her detriment). | | | This information should not be considered complete, up to date, and is not intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional. | | | In law, a conclusive admission that cannot be denied. |
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http://encyclopedia.farlex.com/equitable+estoppel
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