This Note initially discusses the doctrine of collateral estoppel and its policy justifications. Next, it describes the mutuality requirement for the use of collateral estoppel, tracing the abandonment of the mutuality rule by an increasing number of courts and presenting the policy arguments for and against such abandonment. Then the Note turns to the three corollaries of the collateral estoppel theory and explores the different methods that parties may use to establish each one. The Note also discusses the possibility that those methods may conflict with the basic policy of preserving the privacy and inviolability of the jury system. Finally,the Note considers the various problems posed by Katz, including the relationship of those problems to the judicial abrogation of the mutuality requirement.
Ina R. Bigham,
Use of Juror Depositions to Bar Collateral Estoppel: A Necessary Safeguard or Dangerous Precedent?,
34 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol34/iss1/4