Labels:book | reckoner | windowpane OCR: Vacatur upon settlement further allows courts to protect defendants from substantial inequities that result from an application of offensive nonmutual collateral estoppel. Professor Currie inequity occurs defendant succe essfully demonstrates separate lawsuits that Its product design not defective but after losing the issue the 25th suit. the defendant thereafter forever precluded from relitigating the issue against future plaintiffs Brainerd Currie. Mutuality Collateral Estoppel: Limits the Bermhard Docirine, Stan. Rev. 281 (1957). such situations, the possibility obtaining vacatur upon settlement offers the defendant an opportunity to avoid such clearly inequitable result. The availability of vacatur upon settlement , therefore also allows courts the proper exercise their discretion aver ...
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