Claim and Issue Preclusion

Question 1

Res Judicata/Claim Preclusion

Answer 1

A final judgment of the merits of an action precludes a party from successive litigation of an identical claim in a successive actions.

Requires:

1) There was a valid final judgment on the merits

2) The original and subsequent claims are “sufficiently” identical

3) Claimant and the defendant must the same

Question 2

What is a valid final judgment on the merits?

Answer 2

1) SMJ and PJDX are required

2) Defendant had proper notice and opportunity to be heard

Question 3

What are sufficiently identical claims?

Answer 3

Federal Law: Transactional approach! Factors considered include

1) Whether facts re related in time, space, origin, and motivation

2) Whether the facts from a convenient trial unit

3) Whether treating the facts as unit conforms to parties’ expectations

Question 4

Collateral Estoppel/Issue Preclusion

Answer 4

Precludes the re-litigation of issues of law or fact that have been necessarily determined in earlier adjudication.

Requires:

1) Issue sought to be precluded must be the same as that involved in prior actual

2) Issue must have been actually litigated

3) Issue must have been determined by valid and binding final judgment

4) Determination of issue must have been essential to prior judgment

5) Party whom issue is to be precluded was a party to original action