“Nonmutual offensive issue preclusion” (NOIP) sounds like the kind of issue that would come out of a fight at a college party. It did. This case clarifies the requirements for asserting a NOIP: the usual elements plus 4 more: 1) did the claimant “wait and see?” 2) was there a prior incentive to litigate the issue? 3) would it be inconsistent with another decision? and 4) are there procedural protections in place? This case also warns litigators about timeliness and foresight – it’s important to bring a NOIP claim to court ASAP. In the trial court, Plaintiff lost his negligence and battery claims although defendant pled guilty in a criminal case. But he lost his appeal by waiving claims, not preserving issues for appeal, and inviting error.