Collateral Estoppel & Res Judicata

Question 1

Res Judicata (claim preclusion)

Answer 1

Defn: Valid final judgments on the merits of a claim precludes reassertion of same claims between same parties

***CA: primary rights test: two or more types of harm in single transaction may equal two or more causes of action

Question 2

Res Judicata: elements

Answer 2

• same parties
  
  • same P and same D
• same claim
  
  • right to relief arising from same T/O
• valid final judgment
  
  • final judgment entered by trial court
  • nothing left but enforce the judgment
  • **CA: all appeals have been determined or the time to appeal has expired
• on the merits
  
  • e.g. not disposed by
    
    • SL, lack of jurisdiction, venue, without prejudice

Question 3

Collateral Estoppel (Issue Preclusion)

Steps 1 & 2

Answer 3

1. Defn: Precludes re-litigation of particular issues already litigated
2. Elements:
   - the party against whom it is asserted must have been a party in the prior lawsuit
   - identical issue (identical factual issue)
   - actually litigated and determined
   • **CA: default judgment = actually determined (could have been litigated)
     - necessarily determined
   • issue essential to final judgment
     - full and fair opportunity to litigate
   • same incentive
     - final judgment

Question 4

Collateral Estoppel: against whom

Step 3

Answer 4

3. Against whom is CE being asserted?

- may assert only against one who was a party in the prior suit, or no day in court

Question 5

Collateral Estoppel: By whom asserted

Step 4

Answer 5

Non-mutual defensive (defense by non-party)
-judgment in first action may be asserted as a defense in a later action by one who was a NON-PARTY in the first suit as long as party against whom the judgment is raised was a party OR in privity in the first

Non-Mutual Offensive (non-party uses to establish liability)
Factors:
1. foreseeability of another suit
2. full and fair opportunity to litigate
3. could new P have joined easily?
   -courts do not like "wait and see" Ps
4. no inconsistent judgments

Question 6

CA: Primary Right

Answer 6

• All claims seeking to vindicate the same primary right must be decided in a single unit
• Res judicata bars a second suit if it seeks to vindicate the same primary right
  
  • contra: fed = same T/O
• No bar if separate and distinct primary rights are found

Question 7

CA: Primary Right: Steps

Answer 7

1. identify the primary right protected in suit #1
2. determine whether suit #2 involves the same primary right as in suit #1, or involves an independent primary right

-If same, res judicata bars suit #2

Notes:

• the same wrongful act may invade may different rights
• the same primary right may be broken by many kinds of wrongdoings (so different legal theories for the same harm will all be barred by res judicata)
• the primary right must be distinguished from the remedy sought