What is the Difference Between Collateral Estoppel and Res Judicata?
February 15, 2019Collateral estoppel and res judicata are similar affirmative defenses to legal claims for relief. Each depends on a prior final judgment. But there are important differences. Collateral estoppel The doctrine of collateral estoppel holds that an issue that has been litigated cannot be litigated again. For collateral…
DetailsWhat is a Constructive Trust?
February 11, 2019A constructive trust differs from a typical estate trust, where a person establishes a trust to hold assets for themselves or other beneficiaries. Instead, a constructive trust is created by the court as an equitable remedy in circumstances when the legal title to property has been obtained through fraud or other w…
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The Duty to Preserve Electronically Stored Information (ESI) & When It Arises
February 4, 2019If you are a party to any type of litigation, you have a duty under both federal and state regulations to preserve electronically stored information (ESI) as part of the discovery process. Basically, ESI is any information that has been generated and stored electronically. Under Rule 34 of the Federal Rules of Civi…
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