439 U.S. 322 (1979) Cited 4,274 times 8 Legal Analyses
Holding that district courts have discretion to refuse to apply offensive non-mutual collateral estoppel against a defendant if such an application of the doctrine would be unfair
Holding "[c]ollateral estoppel, or issue preclusion, bars the litigation of issues actually adjudicated in previous litigation between the same parties"
In Clark v. Clark, 80 Nev. 52, 56, 389 P.2d 69 (1964), this court stated: "On the other hand, collateral estoppel (estoppel by record) may apply even though the causes of action are substantially different, if the same fact issue is presented."