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You may assume that this jurisdiction has abandoned the “mutuality rule” pertaining to collateral estoppel. Paul is the executor of the estate of Carol. Paul files an action on behalf of the estate in the applicable state court against Doris (Carol’s nurse) alleging that Doris converted Carol’s money. Although Doris was authorized to deposit funds into Carol’s account at the local bank (“Bank”), Paul claims that Doris also withdrew funds for her own use. At trial, the jury found that Carol had made an inter vivos gift to Doris of the money in question. Thereafter, Paul commenced an action against Bank in the applicable U.S. District Court, alleging that Carol did not authorize the withdrawals by Doris, and therefore Bank had breached its contractual relationship with Carol.
Does issue preclusion preclude liability?
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Did Paul have a full and fair opportunity to litigate the issue in the first action?
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