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From: Joe Tippetts
Date: 09 May 2002
Time: 16:35:20
As I understand this exception to issue preclusion, where a judgment is based on decisional law, and that decisional law is later overturned, a person can then relitigate the issue without collateral estoppel, so as to avoid the placing of similarly situated plaintiffs in different positions.
However, if I understand correctly, the same issue must arise in a different transaction in order to avoid the complete bar of claim preclusion (Harrington case)
Is this correct?