Tribute: Professor Wayne LaSalle Townsend


Preclusion / Res Judicata Variables: Nature of the Controversy

Allan D. Vestal
The courts and the authorities have reached something of a consensus on the matter of issue preclusion / collateral estoppel. Usually it is stated that such estoppel or preclusion by judgment exists on those issues which were essential to and actually litigated and determined by a valid and final judgment. This statement is obviously an oversimplification of the law. The matter must be examined in greater detail if any meaningful…