Morris A. Hicks, on Behalf of Himself and All Others Similarly Situated v. The Quaker Oats Company

RANDALL, Circuit Judge:

This case involves a suit by fourteen former employees of the defendant Quaker Oats Company for benefits under a special retirement program, and presents several difficult questions regarding the law of collateral estoppel. Essentially, the issues revolve around the propriety of the use of offensive collateral estoppel with respect to a prior unappealed and alternative ground of decision of a trial court. Because we think that the trial judge abused his discretion by applying offensive collateral estop-pel in the circumstances of this case, we reverse and remand for…