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62 In sum, although res judicata and collateral estoppel both advance the same policy considerations, such as fairness, judicial repose, and economy, collateral estoppel applies only to issues actually litigated, while res judicata applies to claims and defenses that were or could have been litigated, provided the party against whom res judicata is asserted has had notice and a fair opportunity to be heard in a court of competent jurisdiction

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The lawsuit was dismissed in 2021 by a judge who said the proper jurisdiction for the dispute was Switzerland, where the tobacco giants operations are based, and where Philip Morris International has sued Setrouk in a related dispute over intellectual property