The Awesome Power Collateral Estoppel Can Render

Law360, New York (March 14, 2012, 1:47 PM EDT) -- It is said that in law you only get one bite at the apple. However, in the course of a product liability lawsuit, plaintiffs will often try to get as many bites as they can.

When plaintiffs file both a workers’ compensation claim and product liability lawsuit based on the same injury, this can potentially serve to benefit defendants. Indeed, an unfavorable workers’ compensation ruling against a plaintiff could be used as a vehicle to get summary judgment through the doctrine of collateral estoppel.

Collateral estoppel...
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