Section Newsletters

Articles on Collateral Estoppel

Black lung: Do I file in the federal court pursuant to the Black Lung Benefits Act or the IWCC pursuant to the Occupational Disease Act? And if choosing one over the other, does that create collateral estoppel? By Kenneth F. Werts Workers’ Compensation Law, July 2012 In the case of Donald Edmonds v. Illinois Workers’ Compensation Commission, the Appellate Court looked at when the doctrine of collateral estoppel will apply to a state claim based upon an earlier decision made on an issue by the Department of Labor.
Appellate court cites WC settlement contract as basis for PSEBA & PEDA benefits; Collateral estoppel uses WC findings to establish other causes of action By John P. O’Grady Workers’ Compensation Law, November 2011 A summary of the recent decision of Frank H. Richter v. Village of Oak Brook and its ramifications.
Collateral estoppel: It is not an absolute By Patrick M. Kinnally Civil Practice and Procedure, October 2010 A look at a case decided just last month, Hurlbert v. Charles, which makes clear that prior adjudication of a claim or issue is not a complete bar against relitigation of that same claim or issue.
Czarnik v. Wendover: An application of collateral estoppel to arbitration By Hon. Daniel T. Gillespie Civil Practice and Procedure, June 2008 The Restatement (Second) of the Law of Judgments refers to res judicata and collateral estoppel as former adjudication.

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