context: Any claimed injustice arises from the Defendant's elective choices, and not from the application of collateral estoppel.
citation_a.signal: see also
citation_a.identifier: 603 F.2d 590, 596
citation_a.parenthetical: finding that an issue was actually-litigated for collateral estoppel purposes even when a party produces minimal evidence on the issue, because "[a]ny other result would permit a litigant to avoid the conclusive effect of collateral estoppel, by design or by inadvertence, by denoting as irrelevant an issue clearly raised by his opponent and by refusing to introduce evidence on the issue."
citation_a.sentence: See, Ossman v. Diana Corp., 825 F.Supp. 870, 879 (D.Minn.1993)(the Court found no unfairness in the application of collateral estoppel when the defendant was forced “to abide by consequences they knew might arise out of their prior tactical decisions,” to settle with the plaintiff in the prior action instead of appealing the Court’s ruling.); see also, Continental Can Co., U.S.A. v. Marshall, 603 F.2d 590, 596 (7th Cir.1979)(finding that an issue was actually-litigated for collateral estoppel purposes even when a party produces minimal evidence on the issue, because “[a]ny other result would permit a litigant to avoid the conclusive effect of collateral estoppel, by design or by inadvertence, by denoting as irrelevant an issue clearly raised by his opponent and by refusing to introduce evidence on the issue.”).
citation_b.signal: see
citation_b.identifier: 825 F.Supp. 870, 879
citation_b.parenthetical: the Court found no unfairness in the application of collateral estoppel when the defendant was forced "to abide by consequences they knew might arise out of their prior tactical decisions," to settle with the plaintiff in the prior action instead of appealing the Court's ruling.
citation_b.sentence: See, Ossman v. Diana Corp., 825 F.Supp. 870, 879 (D.Minn.1993)(the Court found no unfairness in the application of collateral estoppel when the defendant was forced “to abide by consequences they knew might arise out of their prior tactical decisions,” to settle with the plaintiff in the prior action instead of appealing the Court’s ruling.); see also, Continental Can Co., U.S.A. v. Marshall, 603 F.2d 590, 596 (7th Cir.1979)(finding that an issue was actually-litigated for collateral estoppel purposes even when a party produces minimal evidence on the issue, because “[a]ny other result would permit a litigant to avoid the conclusive effect of collateral estoppel, by design or by inadvertence, by denoting as irrelevant an issue clearly raised by his opponent and by refusing to introduce evidence on the issue.”).