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Source Issue Preclusion Issue Preclusion Matched to this deck.

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0 tracked cards Civil Procedure

A defendant fully litigated and lost an issue in a first case. A new plaintiff in a second case seeks to use that adverse finding against the defendant.
Which statement best describes offensive nonmutual issue preclusion?

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Offensive nonmutual issue preclusion is always forbidden in federal court. Offensive nonmutual issue preclusion is a venue doctrine. Courts have discretion to allow offensive nonmutual issue preclusion when its use is fair and the ordinary issue preclusion elements are met. Offensive nonmutual issue preclusion is always mandatory whenever a defendant previously lost any lawsuit.

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