Offensive Assertion of Collateral Estoppel by Persons Opting Out of a Class Action

Authors

Roger Furman

Abstract

When an individual opts out of a federal class action, that person is shielded from the impact of a judgment adverse to the class. If the class wins, however, that individual might attempt to reap the benefits of a favorable class judgment by asserting collateral estoppel offensively in a later suit against the class opponent. Viewing the policies of collateral estoppel enunciated in Parklane Hosiery, Inc. v. Shore, the author reveals one exceptional situation in which the use of collateral estoppel by the opting out individual would foster these policies of economy and repose.

Recommended Citation

Roger Furman, Offensive Assertion of Collateral Estoppel by Persons Opting Out of a Class Action, 31 Hastings L.J. 1189 (1980).
Available at: https://repository.uclawsf.edu/hastings_law_journal/vol31/iss5/8