23. Claim/Issue Preclusion

Question 1

What is required for Res Judicata (Claim Preclusion)?

Answer 1

1) Final judgment (merits)
- If P won first claim => First claim merged with second claim
- If D won first claim => Second claim barred

2) Same parties
- NOT co-parties

3) Same T/O
- ALL relief that was actually sought in first claim
- ALL relief that could have been sought in first claim

Question 2

What is required for Collateral Estoppel (Issue Preclusion)?

Answer 2

1) Final judgment (merits)
2) Same/Other Plaintiff (fair + equitable)

3) Actually litigated issue
- Fact
- Law
- How law applies to facts

4) Essential issue to judgment
- NOT non-essential issue that would lead to actual essential issue (whether or not non-essential issue was determined in favour/against party)

Question 3

Who are bound as Plaintiffs by Collateral Estoppel/Res Judicata?

Answer 3

Res Judicata

• Privies (vicarious liability in second claim, even if not party to first claim)
• Previous parties

Collateral Estoppel

• Privies (vicarious liability in second claim, even if not party to first claim)
• Previous parties
• Non-parties (fair + equitable)

Question 4

Do the same rules apply whether the case is held in federal or state court?

Answer 4

No

Question 5

Which laws apply towards second case concerning claims/issues?

Answer 5

Same law applied towards first case