· 2/21/1997
Interoceanica Corporation and Turbana Corporation v. Sound Pilots, Inc.
Citations
- 107 F.3d 86
- 1997 U.S. App. LEXIS 3061
- 1997 WL 71733
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that collateral estoppel applies where “(1) the identical issue was raised in a previous | proceeding; (2) the issue was actually litigated and decided in the previous proceeding; (3) the party had a full and fair opportunity to litigate the issue; and (4
- collateral estoppel requires, inter alia, that the party sought to be estopped had a “full and fair opportunity” to litigate the issue.
- collateral estoppel also requires that the issue was actually litigated and decided in previous proceeding
- defense not barred by collateral estoppel where it was “not ‘actually litigated and decided’ in the previous proceeding and certainly was not ‘necessary to support a valid and final judgment on the merits’” (emphasis ours)
- prior suit regarding pilots’ fees 10 in previous voyages did not preclude a subsequent suit regarding pilots’ rights in 11 ocean voyages occurring after those underlying the first suit
- “A first judgment will generally have preclusive effect only where the transaction or connected series of transactions at issue in both suits is the same, that is where the same evidence is needed to support both claims, and where the facts essential to the second were present in the first.”
Source: CourtListener parenthetical corpus (CC0).
Judges: McLaughlin, Calabresi, Lay
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.