claim and issue preclusion

Question 1

res judicata aka claim preclusion

Answer 1

a matter that has been adjudicated by a competent court and may not be pursued further by the same parties.

Question 2

list (3)

for a claim to be precluded (barred) need to show

Answer 2

1. same claimant suing the same defendant
2. case 1 + case 2 assert the same claim
3. case 1 ended in a valid final judgement on the merits UNLESS based on lack of PJ or SMJ

Question 3

issue preclusion aka collateral estoppel

Answer 3

issue preclusion resolves only those issues that were actually litigated

Question 4

claim vs issue preclusion

Answer 4

Claim preclusion bars litigation of all issues that were or could have been litigated in the original action under the original claim, while issue preclusion resolves only those issues that were actually litigated

Question 5

list (5)

requirements for issue preclusion

Answer 5

1. case 1 ended in valid final judgement
2. same issue litigated and determined in case 1
3. issue was essential to judgement in case 1
4. person against whom IP is being asserted was a party in case 1 or in privity (ie class member represented by the class rep in a class action)
5. Who is using IP?
   
   1. nonmuutal defensive IP - not a party in case 1 but appears as D in case 2
   2. nonmutual offensive IP - not a party in case 1 but appears as P in case 2

Question 6

list (4)

fairness factors to consider for nonmutual offensive IP

aka if P meets any then they are barred from bringing claim for a 2nd case

Answer 6

1. party to be bound had full and fair opportunity to litigate in case 1
2. party to be bound had a strong incentive to litigate in case 1
3. party asserting IP could have easily joined case 1 -AND-
4. there have been no inconsistent findings on the issue

Question 7

Can nonparties assert issue preclusion?

Answer 7

YES, nonparties may be allowed to assert issue preclusion and use a prior judgment to avoid liability in a second suit.

Question 8

Issue preclusion, also called “collateral estoppel,” applies to issues, not entire cases.