LAW 110 Chapter Notes - Chapter Parklane-v-Shore: Proxy Statement, Summary Judgment, Jury Trial
Document Summary
After trial, the district court found that the proxy was materially false and misleading. The united states court of appeals for the second circuit affirmed. As a result, the respondent in this matter moved for partial summary judgment, alleging that the. Petitioner should be collaterally estopped from relitigating the issues that had been resolved against it in the first action. The district court denied the motion but the court of appeals reversed, finding that the petitioner was collaterally estopped from obtaining a jury trial on the same issues of fact. In cases when a plaintiff could easily have joined in an earlier action or when the application of offensive estoppel would be unfair to the defendant, a trial judge should not allow the use of offensive collateral estoppel. In the present case, none of the circumstances that might justify reluctance to allow the offensive use of collateral estoppel is present.
