Res Judicata and Collateral Estoppel

Question 1

What are the requirements for res judicata?

Answer 1

Both cases must be brought by the same claimant against the same defendant

• privity and successors in interest are ok

First suit must have ended in a valid final judgment on the merits; dismissal exceptions:

• lack of subject matter jurisdiction
• lack of personal jurisdiction
• improper venue
• improper service
• failure to join an indispensable party
• any dismissal specified as w/o prejudice

First and second cases involve the same cause of action or claim

NOTE: one exception** that bifurcates actions arising from **motor vehicle accidents

• claim for personal injuries can be separated from
• damages to property

Question 2

What are the requirements for collateral estoppel?

Answer 2

Precludes relitigation of a particular issue that was litigated and determined and embodied in a valid final judgment in the first case

The first case ended in a valid, final judgment on the merits

The same issue was actually litigated and determined in the first case

The issue was essential to the judgment in the first case

May be asserted only against one who was a party to the prior case

• Due Process Clause

May be asserted by a party using the issue in a defensive posture (nonmutual defensive collateral estoppel)

• impermissible to allow nonmutual offensive collateral estoppel