Read Online (Free) relies on page scans, which are not currently available to screen readers. Login via your lateral estoppel absent mutuality that also minimized the distinc-tion between offensive and defensive use. Founded in 1948, the Stanford Law Review is a general-interest academic legal journal. JSTOR is part of ITHAKA, a not-for-profit organization helping the academic community use digital technologies to preserve the scholarly record and to advance research and teaching in sustainable ways. Each issue contains material written by student members of the Law Review, other Stanford law students, and outside contributors, such as law professors, judges, and practicing lawyers. Approximately 2,600 libraries, attorneys, judges, law firms, government agencies, and others subscribe to the Law Review. MUTUALITY OF ESTOPPEL-AFFIRMATIVE USE OF COLLAT-ERAL ESTOPPEL-CONFLICTING JUDGMENTS AFFECTING SIMILARLY SITUATED CLAIMANTS. The Mutuality Requirement in Res Judicata and Estoppel by Record Follow this and additional works at:https://scholarlycommons.law.wlu.edu/wlulr Part of theCivil Procedure Commons This Note is brought to you for free and open access by the Washington and Lee Law Review at Washington & Lee University School of Law Scholarly Commons. Request Permissions. To access this article, please, Access everything in the JPASS collection, Download up to 10 article PDFs to save and keep, Download up to 120 article PDFs to save and keep. First, it does not necessarily promote judicial economy. The defendant's jeep collided with plaintiff's truck driven by Far-num. Stanford Law Review tion of the mutuality requirement before operation of collateral estoppel principles." institution. He may or may not be aware of the In effect, this thesis takes the distri-bution of risks given a mutuality of estoppel rule as presump-tively correct, thus evading the principal issue. This item is part of JSTOR collection Rather than exhaust his "day in court," a Mutuality of Collateral Estoppel: Limits of the Bernhard Doctrine BRAINERD CURRIE* THE PROBLEM An express train speeds through the night. All Rights Reserved. Definition of MUTUALITY OF ESTOPPEL: the term applied to an agreement where the parties are not bound unless both parties are bound. and administration review or supervision. MUTUALITY OF ESTOPPEL multiple litigation with diverse parties' would like to invest resources in each litigation in light of what is at stake in the case, 8 . Mutuality of Estoppel: Its Status in Nebraska Gailyn L. Larsen University of Nebraska College of Law, glarsen@larsenco.net Follow this and additional works at:https://digitalcommons.unl.edu/nlr This Article is brought to you for free and open access by the Law, College of at DigitalCommons@University of Nebraska - Lincoln. ©2000-2020 ITHAKA. '2 In Blonder-Tongue 1 Several considerations militate against offensive use of collateral estoppel. For terms and use, please refer to our Terms and Conditions The Stanford Law Review is operated entirely by Stanford Law School students and is fully independent of faculty Fifty passengers are injured. but-absent the requirement of mutuality of estoppel-he may have great difficulty know-ing what he stands to win or lose. JSTOR®, the JSTOR logo, JPASS®, Artstor®, Reveal Digital™ and ITHAKA® are registered trademarks of ITHAKA. by addressing important legal and social issues, and to educate and foster intellectual discourse at Stanford Law School. Requiring mutuality prior to invoking collateral estoppel prin-ciples demands that one who asserts a previously contested issue as conclu-sive of an issue raised in subsequent litigation must have been a … mutuality requirement based on this difference in the anticipated losses of a given defendant. In addition to producing a publication, the Law Review also hosts lectures and an annual live symposium. The Law Review also hosts lectures and an annual live symposium at Stanford Law School. The issue really is the estimate of … With a personal account, you can read up to 100 articles each month for free. Each year the Law Review publishes one volume, which appears in six separate issues between November and May. The principal missions of the Law Review are to contribute to legal scholarship © 1957 Stanford Law Review Suddenly, as it enters a curve, the locomotive leaves the rails, followed by half a dozen tumbling passenger cars.
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