See 20 U.S.C. § 1091a; Glenn E. Roper, Eternal Student Loan Liability: Who Can Sue Under 20 U.S.C. § 1091 A? 20 BYU J. Pub.L. 35, 35 (2005). Assignees such as Mountain Peaks do not fall into either category. But courts interpreting federal statutes must also presume that Congress intended to preserve the common law: Congress is understood to legislate against a background of common-law adjudicatory principles.... Thus, where a common law principle is well established ... the courts may take it as a given that Congress has legislated with an expectation that the principle will apply except when a statutory purpose to the contrary is evident. Astoria Fed. Sav. & Loan Ass’n v. Solimino, 501 U.S. 104, 108, 111 S.Ct. 2166, 2169-70, 115 L.Ed.2d 96 (1991) (quotation and citations omitted) (<HOLDING>). The common law of most states, including
recognizing the doctrine of collateral estoppel in agency proceedings holding that collateral estoppel and res judicata apply to quasijudicial agency decisions holding that res judicata and collateral estoppel apply to arbitration award holding that a summary judgment is a determination on the merits for res judicata and collateral estoppel purposes recognizing exception to application of res judicata and collateral estoppel principles to decisions of administrative proceedings where there has been manifest error in the record