Appellate Practice Attorney serving New York, NY
Collateral estoppel could apply if the same issues were necessarily resolved in the prior proceeding, even if the actors are different, and even if the party asserting the estoppel (or, less often, both parties) are different. The questions are (a) whether the issue is the same as one which was resolved in the earlier proceeding); and (b) whether the party being estopped (or sometimes a different but affiliated party representing the same interests as the party sought to be estopped) had a full and fair opportunity to litigate the issue in the prior proceeding. If I knew more about the issues, I might be able to give you a more definitive answer.
Answered on Jun 11th, 2014 at 12:34 PM