Collateral estoppel is a legal term which bars the relitigation of a claim. The term is more commonly referred to as issue preclusion. In layman’s term, collateral estoppel simply means that if a party pursues a case, and then acts to pursue an additional case of similar nature; then the findings of the prior case apply to the 2nd case. In 2018, collateral estoppel has become a hot topic in Unemployment Insurance. On March 13th, the state of Kentucky rendered a decision which can affect UI eligibility disputes. In the decision of Hickey v. General Electric Company, the court reversed a claimant’s UI eligibility based on the Kentucky statute 341.420 (5).

At this time, Corporate Cost Control is doing extensive research into each state’s unique practice of collateral estoppel and the findings will be released at a later date. In the interim, it is recommended that all those directly working with Unemployment brush up on the concept of collateral estoppel per their state of business. Collateral estoppel can affect employers and claimants alike, in any further litigation after Unemployment legal proceedings. It imperative that all active parties attend any Unemployment legal proceedings to determine the most accurate results, in case the findings apply to further litigation.

Look for the results of our study coming later this month!  You’ll be surprised how many changes have occurred across the nation in recent months.

 


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