United States Third Circuit

Collateral estoppel will preclude a utility commission from relitigating its claim to Eleventh Amendment immunity in a claim arising out of railroad platform construction rights, where all requirements for such estoppel are met, and no equitable considerations mitigate against its application.

Appellate Information

• Argued 01/22/2002
• Decided 05/01/2002
• Published 05/01/2002

Judges

• Before:  NYGAARD and STAPLETON, Circuit Judges, and CAPUTO, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Susan D. Colwell,Elizabeth L. Januzzi (Argued), Pennsylvania Public Utility Commission, Harrisburg, PA, Attorneys for Appellants.


• For Appellees:
  
• John L. Moore, Jr. (Argued), Piper, Marbury, Rudnick & Wolfe, Washington, DC, and Joseph Kernen, Elizabeth J. Feeney, Piper, Marbury, Rudnick & Wolfe, Philadelphia, PA, Attorneys for Appellee.