The Sanders Firm, P.C.: Issue Preclusion Defense

One of the defenses at The Sanders Firm, P.C. that we deal with in the civil rights arena is called issue preclusion. Issue preclusion is a defense that may be used to defend against a civil rights lawsuit. This particular defense can lead to your case never even getting to a jury. Issue preclusion is a concept that often results in state and federal courts deciding that they will not hear a case. Why would this happen and how can you prevent it from happening to you? We will answer those questions on this page.

The Issue Preclusion Defense

Issue preclusion is a defense that you do not want to encounter. With issue preclusion the point is made that a fact or question or law that involves the same parties has already been through litigation and that there has been a judgment rendered on the merits. The same parities or those who are considered their privies cannot be involved in a future action or another litigation of what is in essence the same case.

Issue preclusion is a little bit like double jeopardy, which states that a person cannot be tried for the same crime using the same evidence. The idea with issue preclusion is that in basic terms the matter has been settled and unless there is an entirely new case or there is some sort of new evidence that would make it a different case, it cannot be tried again.

Quirks with Issue Preclusion

The concept can be misapplied in cases where there is a new litigant, which means that person does not get their day in court. Additionally, it does not take into consideration cases that have been settled where perhaps damages are now greater or in which a new argument may be introduced. Both of these scenarios beg for a new hearing of the evidence.

There is a positive note for plaintiffs who have won their case. That is issue preclusion will also stop defendants’ from seeking another trial. Thus, issue preclusion is a defense that may be utilized by defendants’ and plaintiffs alike.

Call Us Today

If you have filed a civil rights lawsuit in the past, lost, and feel that you would benefit from another day in court, contact New York City’s premiere civil rights practice, The Sanders Firm, P.C. We may be able to aid you in securing another day in court. We will review your case, consider any new evidence you may have, and consider various strategies. If you would like to utilize the issue preclusion defense, we can readily help you in this matter, ensuring that you do not have to go through the rigors of another court case and jeopardize your original positive outcome. At The Sanders Firm, P.C., we fight for you, offering individualized service, attention to detail, and a passion for individual rights. We are you voice for justice in the New York City area.