After Final Judgment - Claim Preclusion and Issue Preclusion

Question 1

Claim Preclusion (Res Judicata) Elements

Answer 1

• The parties in the first claim must be the same as the ones in the second claim, and they must be in the same configuration.
• The previously litigated claim must have resulted in a valid, final judgment on the merits.
• The claim must be the same as the one previously litigated

Question 2

Claim Preclusion​

River Park, Inc. v. City of Highland Park

Answer 2

Claim preclusion prohibits the same parties from asserting a claim arising out of the same transaction or the same set of operative facts after there has been a final judgment on the merits.

Question 3

Same Evidence Test for Claim Preclusion

Answer 3

Two claims are the same if the same facts or evidence used in the first claim would sustain the second claim

Question 4

Transaction Test for Claim Preclusion

Answer 4

Two clams are the same if they arise out of the same group of operative facts or arise out of the same transaction or occurrence. (majority rule)

Question 5

Primary Right Test for Claim Preclusion

Answer 5

The plaintiff has a separate claim for each right the defendant violated. (no longer used)

Question 6

Validity of the Judgment

Answer 6

A judgment is not valid if the court lacks personal or subject matter jurisdiction, or if the defendant did not receive proper notice, except when the defendant responds to the suit and the parties litigate it without raising the jurisdictional problem.

Question 7

Finality of the Judgment

Answer 7

A judgment is final for preclusion purposes when the trial court enters a judgment, even if the losing party might file a post-trial motion or appeals. If a court grants a dismissal on claim preclusion while an appeal on the original judgment is being decided and it is reversed, a party can usually get the dismissal set aside by filing a post-trial motion or appeal.

Question 8

Judgment on the Merits

Answer 8

A claimant must have the opportunity to litigate her claim and address the merits of the case. Dispositions include jury trial, summary judgment, judgments as a matter of law, and default judgments. The tread is that statutes of limitation also allow for claim preclusion.

Question 9

Exception to Claim Preclusion

River Park Inc. v City of Highland Park

Answer 9

A party’s inability to bring a claim in the first court because it lacked jurisdiction.

Question 10

Waiving Claim Preclusion

Answer 10

Claim preclusion is an affirmative defense so most courts won’t all it if a party fails to raise it properly under Rule 8.

Question 11

Issue Preclusion (Collateral Estoppel) Elements

Answer 11

• The issue to be precluded must be the same issue in the prior proceeding
• The issue was actually litigated in the prior proceeding
• The court in the prior proceeding issued a final judgment on the merits
• The determination of the issue was essential to the prior judgment and
• The party against whom the doctrine is asserted was a party to or in privity with a party to the earlier proceeding

Question 12

Countervailing Interests in Issue Preclusion

Pannial v. Diaz

Answer 12

Even if all the elements are met, a court can decide not to apply issue preclusion if there are countervailing issues or for fairness.

Question 13

Law or Fact in Issue Preclusion

Answer 13

An issue that is precluded can be about law or fact

Question 14

Inferring Issues for Preclusion

Answer 14

Sometimes lawyers have to use the verdict to infer what issues were logically considered to decide the verdict. If they can’t be inferred, the verdict can’t be issue preclusive