Sentences with phrase «basis issue estoppel»

On this basis issue estoppel has no application.

Not exact matches

C.A., Sept. 27, 2010)(33959) April 5, 2013 There is not and should not be a rule of public policy precluding the applicability of issue estoppel to police disciplinary hearings based upon judicial oversight of police accountability; instead there should be a flexible approach, whereby courts have the discretion to refuse to apply issue estoppel if it will work an injustice, even where the preconditions have been met.

The court noted a change in the law did not trigger the «special circumstance» exception to issue estoppel, and found there was no basis to exercise its discretion to bar the application of issue estoppel in this case.