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The Use of Virtual Representation and Collateral Estoppel in FTCA Toxic Tort Claims After Taylor v. Sturgell
The rules of collateral estoppel vary in most jurisdictions. This m akes it especially challenging for litigators to decide whether state or federal collateral estoppel standards should apply to toxic tort cases1 brought under the Federal Tort Claims Act (FTCA)2. The Supreme Court recently addressed this issue in Taylor v. Sturgell3. The Taylor opinion, however contained seemingly contradictory language that left the issue of using collateral estoppel in FTCA claims cloaked in uncertainty.
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