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Batson v. Shiflett3/12/1992
ion of evidence and arguments substantially similar in form and scope to judicial proceedings, the award should have the same effect on issues necessarily determined as a judgment has. Economies of time and effort are thereby achieved for the prevailing party and for the tribunal in which the issue subsequently arises.'"
Id. 312 Md. at 57, 537 A.2d at 1178-79.
We are persuaded that the Court of Special Appeals properly utilized the Exxon test, and we shall apply that three prong test in the case sub judice.
We agree with the conclusion of the Court of Special Appeals that the first prong is satisfied in this case: "By conducting a hearing, allowing the parties to present evidence and ruling on a dispute of law, the [agency] acted in a judicial capacity." Batson, 86 Md. App. at 356, 586 A.2d at 799 (quoting West Coast Truck Lines, 893 F.2d at 235).
The second prong of the Exxon test is whether the issue presented to the court was actually litigated before the agency. Under both federal and Maryland law, the principle of collateral estoppel should only be applied where the identical issue sought to be relitigated was actually determined in the earlier proceeding. See Montana v. United States, 440 U.S. 147, 153, 99 S.Ct. 970, 973, 59 L.Ed.2d 210, 216-17 (1979); Cassidy v. Board of Education, 316 Md. 50, 57, 557 A.2d 227, 230 (1989); Mackall, 293 Md. at 228, 443 A.2d at 102. If anything is left to conjecture as to what was necessarily decided there can be no collateral estoppel. It must appear that the precise issue was raised and resolved in the former proceeding. Thus, we must determine whether the identical issues had to be decided by the jury in the instant case as were decided in the NLRB proceeding.
Significantly, Flyer No. 3 accused Shiflett of having committed "crimes." The NLRB finding of illegal contract ratification was a civil determination and is not conclusive on the issue of whether Shiflett committed criminal acts, which was the substance of the defamatory statement. See Roper v. Mabry, 15 Wash.App. 819, 822, 551 P.2d 1381, 1384 (Wash.Ct.App.1976) (civil court's findings against defendant for fraud, wrongful taking of money and breach of fiduciary duty did not collaterally estop his subsequent defamation claim against business partner who called defendant a "thief" who "stole" and "embezzled" corporate money). The elements, proof, and nature of civil liability for illegal contract ratification are not identical to those of the crimes of conspiracy, perjury, or falsification of records.
Thus, the issues decided in the prior proceeding are not identical to those in the present action. See Street v. National Broadcasting Co., 645 F.2d 1227, 1233 (6th Cir.1981) (Truth of allegedly libelous statement, that plaintiff falsely accused man of rape, was not established by determination in prior criminal rape trial that acquitted accused, and thus, was not subject to collateral estoppel), cert. dismissed, 454 U.S. 1095, 102 S.Ct. 667, 70 L.Ed.2d 636 (1989); Moore v. Allied Chemical Corp., 480 F.Supp. 377, 387 (E.D.Va.1979) (Truth of allegedly libelous statement, blaming plaintiff as "real culprit" for injuries resulting from toxic substance production, was not established by plaintiff's admission during OSHA proceeding of responsibility for conditions at work site, and thus, was not subject to collateral estoppel).
Moreover, the relevant issue actually litigated in the NLRB proceeding was whether Local 33 had the authority to negotiate and reach a binding
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