What is the test for invoking the doctrine of "litigation" in a personal injury case?
MultiRegion, United States of America
The following excerpt is from Pettaway v. Plummer, 943 F.2d 1041 (9th Cir. 1991):
(1) An identification of the issues in the two actions for the purpose of determining whether the issues are sufficiently similar and sufficiently material in both actions to justify invoking the doctrine; (2) an examination of the record of the prior case to decide whether the issue was "litigated" in the first case; and (3)
Page 1044
United States v. Hernandez, 572 F.2d 218, 220 (9th Cir.1978).
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