Estoppel Legal Definition

"What is an Estoppel?" 

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  • Estoppel
© Pribanic & Pribanic 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
Tell Us What Happened: (412) 672-5444 NO FEE$ UNLESS YOU WIN  Tell Us What Happened (412) 672-5444NO FEE$ UNLESS YOU WINThere 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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