Legal Definitions - actually litigated

Definition: Actually litigated refers to a claim that has been properly raised in a previous lawsuit, presented to the court for a decision, and decided upon. If a claim has been actually litigated, it cannot be brought up again in a subsequent lawsuit.

For example, if a person sues their former employer for wrongful termination and the court determines that the termination was lawful, the person cannot bring up the same claim in a different lawsuit against the same employer. This is because the claim has already been actually litigated and decided upon by the court.

Another example could be a case where a person is injured in a car accident and sues the other driver for damages. If the court determines that the other driver was not at fault, the injured person cannot bring up the same claim in a different lawsuit against the same driver. This is because the issue of fault has already been actually litigated and decided upon by the court.