It is my understanding that the collateral estoppel concept revolves around the fact that things already litigated in court cannot be re litigated. Edig's stance is that it is not re litigating CO but ligtigating the results of the re exam and the defendants stance is that things were already decided in CO. Irrespective of this, I still do not understand how/why 108 is included in the CE decision. 774 was litigated in CO, 108 was not--after DM did not get the result that they wanted on 774 they did not proceed with 108 and "got out of Dodge" so as to minimize the damage. In my non lawyer view, 108 does not belong in the CE discussion, but it somehow is.