Claim & Issue Preclusion

Question 1

If claim preclusion applies…

Answer 1

the claim will be dismissed or summary judgment can be entered.

Question 2

If issue preclusion applies…

Answer 2

it streamlines the litigation in case 2 by deeming an issue in that case established in case 2.

Question 3

Res judicata means that a claimant may…

Answer 3

only seek recovery for all rights to relief for that claim.

Question 4

The requirements for a claim to be precluded or barred are:

Answer 4

1. Same P v. Same D;
2. Entry of final judgment on the merits in Case 1;
3. Case 1 & Case 2 are asserting the same claim (same T & O).

Question 5

An issue will be precluded from litigation when:

Answer 5

1. Case 1 ended on a final judgment on the merits;
2. Same issue was actually litigated and determined in case 1;
3. Issue litigated was essential to case 1;
4. Issue is being precluded against a party or in privity with a party;
5. By who is the issue being precluded?

Question 6

Defensive nonmutual issue preclusion occurs when…

Answer 6

a person asserting preclusion to avoid liability was not a party to the case.

(federal law says this is okay as long as the person against who you are using it had a full chance to litigate the issue in case 1)

Question 7

Offensive nonmutual issue preclusion occurs when…

Answer 7

the person asserting preclusion to support a claim was not a party to Case 1.

Typically only allowed if it would be fair.

Question 8

The fairness issues the court will look at to determine if offensive nonmutual issue preclusion is allowed are:

Answer 8

1. If the party had a full opportunity to litigate in case 1;
2. If the party had a strong incentive to litigate in case 1;
3. If the party asserting issue preclusion could have easily joined in case 1; and
4. Any inconsistent findings on the issue.