In this chapter, the author offers an interpretation of the law of estoppel in contemporary American law. It argues that the general doctrine of res judicata encompasses claim and issue preclusion, from which stems the forms of estoppel (direct and collateral estoppel). It points out the requirements of collateral estoppel and its exceptions, according to American scholarship, courts and the Restatement (Second) of Judgments.

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Collateral Estoppel in Contemporary American Law

  • Luiz Guilherme Marinoni

摘要

In this chapter, the author offers an interpretation of the law of estoppel in contemporary American law. It argues that the general doctrine of res judicata encompasses claim and issue preclusion, from which stems the forms of estoppel (direct and collateral estoppel). It points out the requirements of collateral estoppel and its exceptions, according to American scholarship, courts and the Restatement (Second) of Judgments.