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Monday, March 06, 2017 9:03:37 PM
If the claim is that the Summary Judgment will be granted due to the ruling in another case, then that making the claim that SJ should be granted under the theory of Res Judicata or Collateral Estoppel (basically saying another case already came up with a ruling for this case and should be ruled the same way). One of the requirements for res judicata and collateral estoppel is a party in common. Therefore, because the Collins case does not share a party in common, res judicata nor collateral estoppel can be the basis for an SJ.
Therefore, I do not believe an SJ is available in the Collins case.
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