Preclusion of re-litigation

Question 1

Ways to preclude re-litigation

Answer 1

a. res judicata (claim preclusion)
b. collateral estoppel (issue preclusion)

Question 2

Res judicata

Answer 2

(claim preclusion) prevents re-litigation of any part of a cause of action that has been adjudicated on its merits or could have been raised, that arises from the same transaction or occurrence between same parties/privies
i. Does not bar an unforeseeable subsequent claim (e.g., cancer resulting from a product liability claim)

Question 3

Collateral estoppel

Answer 3

(issue preclusion) prevents re-litigation of and asserts the effect of a particular issue that is effectively identical as the previous one, if it was actually litigated b/w same parties/privies and decided, and the resolution of that issue was essential (non-collateral) to the judgment. Strict mutuality of parties relaxed if fair

Question 4

Mutuality

Answer 4

Traditionally, only a previous pt or those in privity could use collateral estoppel. Now may be…
1. Defensive non-mutual: New non-party Δ can assert prior judgment (e.g., Π’s loss to original Δ)
2. Offensive non-mutual: New Π not party to 1st suit v. Δ in 1st suit is possible, but courts are reluctant to permit. Ct will determine based on fairness to Δ. Fairness factors: Π had opportunity to have easily joined in 1st suit; Δ had incentive to litigate 1st suit; prior judgments were inconsistent; procedural opportunities were not available to Δ in 1st suit