250
Kennedy, J., concurring in judgment
to extend the authority and control of a State beyond its own territory").
Under Michigan law, the burden of persuasion rests on the party raising preclusion as a defense. See Detroit v. Qualls, 434 Mich. 340, 357-358, 454 N. W. 2d 374, 383 (1990); E & G Finance Co. v. Simms, 362 Mich. 592, 596, 107 N. W. 2d 911, 914 (1961). In light of these doctrines and the absence of contrary authority, one cannot conclude that GM has carried its burden of showing that Michigan courts would bind the Bakers to the terms of the earlier injunction prohibiting El-well from testifying. The result should come as no surprise. It is most unlikely that Michigan would give a judgment preclusive effect against a person who was not a party to the proceeding in which it was entered or who was not otherwise subject to the jurisdiction of the issuing court. See Kremer, supra, at 480-481 ("We have previously recognized that the judicially created doctrine of collateral estoppel does not apply when the party against whom the earlier decision is asserted did not have a 'full and fair opportunity' to litigate the claim or issue").
Although inconsistent on this point, GM disavows its desire to issue preclude the Bakers, claiming "the only party being 'bound' to the injunction is Elwell." Brief for Respondent 39. This is difficult to accept because in assessing the preclusive reach of a judgment we look to its practical effect. E. g., Martin v. Wilks, 490 U. S. 755, 765, n. 6 (1989); cf., e. g., Donovan v. Dallas, 377 U. S., at 413 ("[I]t does not matter that the prohibition here was addressed to the parties rather than to the federal court itself"); Oklahoma Packing Co. v. Oklahoma Gas & Elec. Co., 309 U. S. 4, 9 (1940) ("That the injunction was a restraint of the parties and was not formally directed against the state court itself is immaterial"). Despite its disclaimer, GM seeks to alter the course of the suit between it and the Bakers by preventing the Bakers from litigating the admissibility of Elwell's testimony. Furthermore, even were we to accept GM's argument that
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