If a person defaults in a lawsuit the facts alleged in the complaint become true. My question is can those uncontested facts now be used against the same party in a related lawsuit?


The “facts” do not “become true”: they were and are untested assertions and therefore unproven “facts”. If they are challenged, the person who asserted the “facts” has the onus to prove they are, in fact, facts.

  • More technically, the doctrine of collateral estoppel (a.k.a. issue preclusion) generally does not apply to issues resolved in a case that are not resolved on the merits following a full and fair opportunity to litigate them.
    – ohwilleke
    Mar 6 '18 at 4:23

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