CHAPTER 9 - 9-5 COLLATERAL ESTOPPEL

• Jurisdiction: United States

9-5 Collateral Estoppel

In a creative use of the defense of collateral estoppel, the Appellate Court, in Alexandru v. Strong, upheld the trial court's decision granting a motion for summary judgment of plaintiff's claim of negligent infliction of emotional distress on the basis of collateral estoppel.⁷⁵

The underlying case in Alexandru was an employment discrimination case in federal district court for violation of Title VII of the Civil Rights Act of 1964. The defendant attorney withdrew from the underlying action. The court in the underlying case granted defendant employer's motion for partial summary judgment on the basis that, inter alia, the claim for negligent infliction of emotional distress was barred by the statute of limitations. The underlying trial court granted the motion.

The plaintiff then sued the defendant attorney claiming she committed legal malpractice on the...