Define: Offensive Collateral Estoppel

Offensive collateral estoppel, also known as offensive issue preclusion, is a legal doctrine that allows a party to use a prior judgement to prevent an opponent from relitigating certain issues in a subsequent lawsuit. Unlike defensive collateral estoppel, where a defendant invokes a prior judgement against a plaintiff, offensive collateral estoppel occurs when a plaintiff seeks to use a prior judgement against a defendant. To invoke offensive collateral estoppel, the party must show that the issue decided in the prior case is identical to the one being litigated, that the issue was actually litigated and determined in the prior case, and that the party against whom collateral estoppel is asserted had a full and fair opportunity to litigate the issue in the prior case. Offensive collateral estoppel can promote judicial efficiency by preventing repetitive litigation of the same issues and conserving judicial resources. However, courts may limit its application if it would be unfair or inequitable to the party against whom it is asserted.

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This glossary post was last updated: 29th March 2024.