E

• Estoppel

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Estoppel legal definition: The function of Estoppel is to prevent someone (i.e.: a plaintiff or defendant) from claiming something during court proceedings that contradicts either a previous statement or something already proven to be true. An estoppel may be requested by either the plaintiff or defendant in a case. 

An estoppel may be requested because:

• A plaintiff or defendant utilized previous testimony and/or court decisions to substantiate their claim

• They’ve made strategic decisions based on a set of previously established facts

• It prevents the court from having to rule on the same issue multiple times

There are two types of estoppel:

Non-Mutual Defensive Collateral Estoppel 

Non-mutual defensive collateral estoppel is when a defendant attempts to prevent a plaintiff in their case from re-litigating an issue previously decided against the them in another lawsuit against another party.

Non-Mutual Offensive Collateral Estoppel 

Non-mutual offensive collateral estoppel is when a plaintiff attempts to prevent a defendant from re-litigating an issue that was previously decided against them in another lawsuit against another party.

Requesting an estoppel is a procedural part of your personal injury case that is best navigated with the help of an experienced attorney.

Sources: https://www.nolo.com/dictionary/estoppel-term.html

https://legaldictionary.net/collateral-estoppel/

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