Issue Preclusion and the Concept of Privity
Strom, Lyle E.
Strom, Cassie A.
INTRODUCTION|The Nebraska Supreme Court has recently abolished the requirement of mutuality of parties in the application of collateral estoppel. This change in Nebraska law signals a greater focus on the requirements of identity of the issues and a full and fair opportunity to litigate. However, the doctrine of collateral estoppel still requires that the person being estopped is a party or in privity with a party to the prior action. Thus, the court's interpretation of "privity" has become instrumental in the application of collateral estoppel. This article discusses the background to this change in Nebraska law and possible further expansion of collateral estoppel....
15 Creighton L. Rev. 117 (1981-1982)
Creighton University School of Law