Hamilton v. Grocers Supply Co., Inc

How later courts describe this case

• reversing for lack of unanimity instruction on non-conspiracy count with several potential alternative violative acts
• reversing for lack of unanimity instruction on nonconspiracy count with several potential alternative violative acts
• "[W]here a defendant does assert a cross-claim against a co-party, they become adverse, and the principles of res judicata apply."
• issue in first action must be identical to issue in pending action for collateral estoppel to apply
• when defendant/cross-plaintiff unsuccessfully asserted some but not all of its cross-claims in primary suit, subsequent suit against cross-defendant for claims arising out of same transaction barred by res judicata