Now that The Dread Pro-Se Kimberlin has lost on five of the seven claims of his Kimberlin v. Walker, et al. nuisance lawsuit, it’s time to add a new legal term to the conversation—collateral estoppel. It’s a bit of common law, somewhat related to res judicata, that prevents a person from relitigating an issue. Once a court has decided an issue of fact or law necessary to its judgment, that decision precludes relitigation of the issue in a suit on a different cause of action involving a party to the first case.
For example, The Dread Pro-Se Kimberlin alleged in the Walker suit that Aaron Walker, Stacy McCain, Ali Akbar, and I committed certain torts (and a couple of non-torts he imagined as well). We now have a judicial determination that his allegations were without merit. That means that he may not continue to raise those claims in another lawsuit, at least, not against Aaron, Stacy, Ali, and me.
Tuesday’s ruling will likely find its way into several motions to dismiss in the Kimberlin v. The Universe, et al. RICO Madness.