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. • A party is barred by
the doctrine of collateral es-toppel from relitigating an issue that was actually litigated — usu.
including by summary judgment but not nec-essarily 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 (1980). [Cases: Judgment 720. C.J.S. Judgments §§ 757, 803, 813.] [Blacks Law 8th]