- 26 - preclusion. This Court may raise the doctrine of issue preclusion sua sponte. Cf. Holloway Constr. Co. v. United States Dept. of Labor, 891 F.2d 1211, 1212 (6th Cir. 1989) (a district court may raise the doctrine of res judicata sua sponte); McClain v. Apodaca, 793 F.2d 1031, 1033 (9th Cir. 1986) (a bankruptcy court may raise the doctrine of res judicata sua sponte when it allowed the parties to submit posttrial briefs on the applicability of the doctrine); Alyeska Pipeline Serv. Co. v. United States, 231 Ct. Cl. 540, 688 F.2d 765, 771 (1982) (“when necessary, the court may raise the question of claim or issue preclusion sua sponte”); Fazi v. Commissioner, 105 T.C. 436, 444- 445 (1995) (this Court may raise the doctrine of judicial estoppel sua sponte). The purposes of the doctrine of issue preclusion include the conservation of judicial resources and the promotion of certainty in and reliance on judicial action. See supra sec. II.C.3.b. Courts have an independent interest in advancing those purposes, see United States v. Sioux Nation of Indians, 448 U.S. 371, 433 (1980) (Rehnquist, J., dissenting), and, therefore, respondent's, perhaps inadvertent, consent to relitigation of the pre-1991 issues cannot divest this Court of the authority to preclude petitioners from denying certain facts established after full and fair litigation in Monahan I.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011