Barker v. Brinegar

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “New Jersey courts follow the doctrine of collateral estoppel or the rule of issue preclusion described in the Restatement of Judgments.” (cleaned up)
• “Because collateral estoppel is an equitable doctrine, it will not be applied if it is not fair to do so.” (citation omitted)
• “[T]he judge may consider diligence, or lack of diligence, ... [but] a lack of diligence does not require invocation of collateral estoppel particularly where, as here, plaintiff attempted to obtain Dr. Matthew’s evaluation prior to the arbitration proceeding.”
• efficiency subordinated to fairness when efficiency leads to unjust result

Source: CourtListener parenthetical corpus (CC0).