Issue: Whether, when a plaintiff in federal court seeks to invoke nonmutual offensive collateral estoppel
against a state or local government based on
a prior state adjudication, the availability of collateral estoppel is governed by state or federal law;
(2) whether, if federal law controls, United States v. Mendoza bars
use of collateral estoppel in such cases.
On Monday at 9:30 a.m. we expect orders from the October 17 Conference. We do not expect any decisions on the merits but will report promptly on any orders. The Court's next Conference is scheduled for October 31. The November sitting begins November 3.