Claim Preclusion Flashcards
1
Q
Claim preclusion
A
For claim preclusion to apply,
1. there must have been a valid, final judgment on the merits,
2. both parties must be the same (or be in privity with a party in the prior suit), and
3. the new action must involve the same cause of action (i.e., must arise out of the same transaction or occurrence).
Dismissals with prejudice are valid, final judgments on the merits.
