Preclusion Exercise / Collateral Estoppel

Kenneth sues Jack in Lemon County court for trespassing on 30Rock, an investment property that Kenneth owns but has never occupied. Jack argues that Kenneth does not own 30Rock and that if he does, Jack did not trespass on it. The jury returns a verdict in favor of Kenneth, finding that Kenneth indeed was the owner of 30Rock and that Jack trespassed on it.

The following month, Jack brings an ejectment action against Kenneth in Tracy County court to get Kenneth kicked off of 30Rock (after the Lemon County suit, Kenneth decided to move onto 30Rock). Jack claims that he is and has been the true owner of 30Rock by virtue of a quitclaim deed Kenneth gave to Jack after a round of miniature golf several years ago.

Kenneth asserts the prior determination of his ownership in the Lemon County action as collateral estoppel against the relitigation of the issue of ownership in the present action.

Should the court enter a judgment in favor of Kenneth on the basis of collateral estoppel?
Please use applicable case and/or statutory law to answer this assignment. An IRAC-style essay is appropriate for this assignment.


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