Gerald Hickman - Page 10

                                       - 10 -                                         

          number of detailed tests developed by the courts to test the                
          appropriateness of collateral estoppel in essentially factual               
          contexts."  Building on the Supreme Court's analysis in                     
          Montana, the Court in Peck identified five conditions that must             
          be satisfied for collateral estoppel to apply: First, the issue             
          in the second suit must be identical in all respects with the one           
          decided in the first suit; second, there must be a final judgment           
          rendered by a court of competent jurisdiction; third, collateral            
          estoppel may only be invoked against parties and their privities            
          to the prior judgment; fourth, the parties must have actually               
          litigated the issue and the resolution of these issues must have            
          been essential to the prior decision; and fifth, the controlling            
          facts and applicable legal rules must remain unchanged from those           
          in the prior litigation.  Id. at 166-167; see also Commissioner             
          v. Sunnen, 333 U.S. 591, 599-600 (1948); Gammill v. Commissioner,           
          62 T.C. 607, 613-615 (1974).  The parties do not dispute that the           
          judgment of the District Court is a final judgment by a court of            
          competent jurisdiction, that the same parties are involved in the           
          two proceedings, or that controlling facts and applicable legal             
          rules have remained unchanged.  The arguments in this case                  
          concern whether or not the issue in the two cases is identical,             
          whether the parties actually litigated and decided the issue                
          before the District Court, and whether the District Court's                 
          resolution of the issue was essential to its decision.                      





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  Next

Last modified: May 25, 2011