Nelson v. Adams USA, Inc., 529 U.S. 460, 13 (2000)

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472

NELSON v. ADAMS USA, INC.

Opinion of the Court

Our decision surely does not insulate Nelson from liability. As counsel twice represented at oral argument, see Tr. of Oral Arg. 9, 19-20, Nelson seeks only the right to contest on the merits his personal liability for fees originally sought and awarded solely against OCP. That right, we hold, is just what due process affords him.5

* * *

For the reasons stated, the judgment of the Court of Appeals is reversed, and the case is remanded for further proceedings consistent with this opinion.

It is so ordered.

5 Once the amended pleading is served and Nelson's response is submitted, it will be open to Adams to urge, as Adams prematurely does here, Brief for Respondents 22-28, that issue preclusion (collateral estoppel) bars Nelson from contesting findings made during the litigation between OCP and Adams. See Restatement (Second) of Judgments § 39 (1980). We venture no opinion here about the possible success of such an argument, made at the proper time.

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