Garrity v. Maryland State Board of Plumbing
Court of Appeals of Maryland
1Opinion of the CourtBarbera, C.J.
To date, Maryland has not adopted formally the doctrine of offensive non-mutual collateral estoppel. We are asked to decide in the present case whether the doctrine is permissible in this State and, further, whether it can be invoked to grant preclusive effect to an administrative order. We hold that offensive non-mutual collateral estoppel was properly applied in this case, and that a Final Order issued by an administrative body constitutes a “final judgment” for purposes of granting that order preclusive effect. We also hold that the civil penalty imposed upon Petitioner, for the same…
Also in this document: Concurrence.
2Cases cited44 opinions
- Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
- Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963
- Kansas v. HendricksSupreme Court of the United States · 1997
- United States v. HalperSupreme Court of the United States · 1989
- Austin v. United StatesSupreme Court of the United States · 1993
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3Cited by25 opinions
- Parkway 1046, LLC v. U. S. Home CorporationCourt of Appeals for the Fourth Circuit · 2020
- Bank of New York Mellon v. GeorgCourt of Appeals of Maryland · 2017
- Dept. of Env. v. Carroll Cnty. Frederick Cnty. v. Dept. of Env.Court of Appeals of Maryland · 2019
- State ex rel. Greitens v. American Tobacco Co.Supreme Court of Missouri · 2017
- National Union Fire Insurance Co. of Pittsburgh v. Fund for Animals, Inc.Court of Appeals of Maryland · 2017
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