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This chapter goes over the developments in American legal practice throughout the twentieth century that led to nonmutual collateral estoppel. It offers an in-depth account of the Supreme Court precedents that contributed to the transformation in estoppel doctrine and the abandonment of the requirement of mutuality of parties. Finally, it proposes a general framework of the law of nonmutual collateral estoppel according to such developments and indicates the points of concern that were left by the rejection of mutuality.

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The Abandonment of Mutuality or of the Principle that Res Judicata Concerns Only the Litigating Parties

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  • 发表日期：

    2026年

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  • Luiz Guilherme Marinoni

摘要

This chapter goes over the developments in American legal practice throughout the twentieth century that led to nonmutual collateral estoppel. It offers an in-depth account of the Supreme Court precedents that contributed to the transformation in estoppel doctrine and the abandonment of the requirement of mutuality of parties. Finally, it proposes a general framework of the law of nonmutual collateral estoppel according to such developments and indicates the points of concern that were left by the rejection of mutuality.