Great Plains Royalty Corporation v. Earl Schwartz Company

Citations

• 2019 ND 124
• 927 N.W.2d 880

Syllabus

Collateral estoppel generally forecloses relitigation, in a second action based on a different claim, of a particular issue of either fact or law which was litigated and determined in a prior suit. Collateral estoppel applies to a party or a person in privity with a party to the prior adjudication, and a person is not in privity with a party to the prior suit if he acquired an interest in the subject matter affected by the prior adjudication through one of the parties before the prior adjudication. When a dissolved corporation is reinstated, generally its rights and privileges are restored retroactively to the date of dissolution, except as to those rights and assets of which the corporation was divested prior to reinstatement, and the corporation is treated as if it had never been dissolved.