[Download] "Roger A. Crowall v. Heritage Mutual" by Court of Appeals of Wisconsin # eBook PDF Kindle ePub Free

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eBook details

• Title: Roger A. Crowall v. Heritage Mutual
• Author : Court of Appeals of Wisconsin
• Release Date : January 22, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

Roger A. Crowall appeals from a trial court order granting Heritage Mutual Insurance Company's motion to dismiss his action upon the merits and with prejudice. In dismissing, the trial court applied the doctrines of res judicata and collateral estoppel and found that the only issue in the action had already been resolved against Crowall in a prior criminal proceeding. 1 The issue before us on appeal is whether collateral estoppel can be applied when there is no mutuality of parties between the party asserting collateral estoppel and the party against whom it is asserted. We hold that lack of mutuality of parties does not preclude the use of collateral estoppel when it is asserted defensively to prevent a party for relitigating an issue which has been conclusively resolved against that party in a prior case. A secondary issue on appeal is whether a criminal conviction can ever serve as a bar in a subsequent civil proceeding. In the past, lack of mutuality of parties was the basis for not using a criminal judgment as a bar in the subsequent proceeding on the same issues. Because our holding rejects the mutuality of parties requirement, we hold that a fully litigated criminal conviction can now be used for collateral estoppel purposes. 2

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