The Lowdown on Issue Preclusion

Issue preclusion is an important legal concept in the judicial system, meaning that facts or legal issues which have been determined in a prior case cannot be re-litigated in a subsequent case. Issue preclusion is closely related to the legal doctrine of “res judicata” which prohibits a party from re-litigating a matter that has already been decided by a court. Whereas res judicata applies to the parties of the prior lawsuit, issue preclusion is mainly concerned with the legal findings and issues in the prior case.

In other words, courts will try to abide by the results of prior lawsuits if the facts and issues are similar. This prevents parties from dragging out lawsuits by relitigating arguments that have already been considered and ruled upon. Though issue preclusion is limited to cases that involve the same parties, parties are typically allowed to raise different legal theories or arguments to challenge the same issue. This means that issue preclusion can be quite complicated to navigate.

Practical Examples of Issue Preclusion

In 2002, a U.S. District Court in California found that the now-defunct toy company Zappark violated trademark and copyright laws by selling knockoffs of popular products from Hasbro, Lego, and Fisher-Price. In 2019, Hasbro and Lego again sued Zappark for trademark and copyright violations, attempting to provide evidence and arguments that had not been raised in the 2002 case. However, the court ruled that issue preclusion applied and dismissed the claims, noting that the parties were the same and the issues were similar.

In another case involving the patent infringement on battery technology, the U.S. Court of Appeals for the Federal Circuit applied issue preclusion and decided that the parties involved had already settled the matter in a prior case involving the same issue—even though the parties in the later case were not involved in the previous case. This precedent highlighted how issue preclusion also applies to those not party to the original proceedings.

Understanding the Significance of Issue Preclusion

In the legal world, it is important to understand the concept of issue preclusion and its application to various cases. This term helps to solidify the judicial system by limiting a party’s ability to litigate already-decided issues and minimizing the costs associated litigation. As demonstrated by the two examples above, the concept of issue preclusion is one that affects a wide range of cases and highlights the importance of taking legal action early in order protect your rights.