context: Second, the issue must have been "actually and necessarily determined by a court of competent jurisdiction" in the first trial. Third, preclusion in the second trial must not work an unfairness. Preclusion is sometimes unfair if the party to be bound lacked an incentive to litigate in the first trial, especially in comparison to the stakes of the second trial.
citation_a.signal: see also
citation_a.identifier: 99 S.Ct. 651, 651
citation_a.parenthetical: heightened concern for potential unfairness from preclusion against defendant in second action brought by plaintiff not a party to the first suit
citation_a.sentence: See Blonder-Tongue Laboratories, 402 U.S. at 333, 91 S.Ct. at 1445 (in connection with preclusion against plaintiff in second action who lost as plaintiff in first action against a different defendant); see also Parklane Hosiery, 439 U.S. at 330, 99 S.Ct. at 651 (heightened concern for potential unfairness from preclusion against defendant in second action brought by plaintiff not a party to the first suit).
citation_b.signal: see
citation_b.identifier: 91 S.Ct. 1445, 1445
citation_b.parenthetical: in connection with preclusion against plaintiff in second action who lost as plaintiff in first action against a different defendant
citation_b.sentence: See Blonder-Tongue Laboratories, 402 U.S. at 333, 91 S.Ct. at 1445 (in connection with preclusion against plaintiff in second action who lost as plaintiff in first action against a different defendant); see also Parklane Hosiery, 439 U.S. at 330, 99 S.Ct. at 651 (heightened concern for potential unfairness from preclusion against defendant in second action brought by plaintiff not a party to the first suit).