Legal Dictionary of Pakistan

actually litigated.

(Of a claim that might be barred by collateral estoppel) properly raised in an earlier lawsuit, submitted to the court for a determination, and determined. 0 A party is barred by the doctrine of collateral estoppel from relitigating an issue that was actually litigated - usu. including by summary judgment but not necessarily by default judgment - in an earlier suit involving the same parties, even if that suit involved different claims. Restatement (Second) of Judgments § 27 cmt. d (1982).