Whether 'control' is assessed based on the totality of the circumstances, as seven courts of appeals have held, or using a rigid two-part test, as four courts of appeals have held

QUESTION PRESENTED Federal law permits someone to be subject to preclusion when they have exercised “control” over a lawsuit, even if they were not formally a party to it. Taylor v. Sturgell, 553 U.S. 880, 895 (internal quotation marks omitted). The question presented is whether “control” is assessed based on the totality of the circumstances, as seven courts of appeals have held, or using a rigid two-part test, as four courts of appeals have held. (i)