It may come down to the motion at hand and his first decision for COLLATERAL ESTOPPEL

As the Colorado cases were not fully ligated..but settled out. Where as I read what sman posted, there has to have been full litigation, where things would have to have gone to trial and that ruling of language the judge adopted would have to be put to the test.

The judges ruling was not put to any test.

With that, can collateral estoppel be implemented in the current jurisdiction under those considerations?

doni