Legal Definitions - defensive collateral estoppel

Defensive collateral estoppel is a legal term that means a defendant can use a previous court decision to prevent a plaintiff from re-litigating an issue that has already been decided against them. This is also known as issue preclusion.

For example, if a person sues a company for a car accident and loses, they cannot sue the same company again for the same accident. The company can use defensive collateral estoppel to prevent the plaintiff from re-litigating the issue of who was at fault for the accident.

Defensive collateral estoppel is different from offensive collateral estoppel, which is when a plaintiff uses a previous court decision to their advantage in a new case.

Overall, defensive collateral estoppel is a way for defendants to protect themselves from being sued multiple times for the same issue.