Res Judicata and Collateral Estoppel Flashcards
To determine whether res judicata or collateral estoppel apply, the court in Case 2 applies the preclusion law of…
the judicial system that decided case 1.
Case 1 is in Virginia state court. Judgment is entered. Case 2 is filed in federal court. What preclusion law does the federal judge use?
The federal judge must apply Virginia law to determine whether the judgement is entitled to preclusion.
Case 1 is in federal court. Judgment is entered. Case 2 is filed in Virginia circuit court. What preclusion law does the judge use?
The Virginia judge applies federal law to determine whether the judgment is entitled to preclusion.
Case 1: A sues B in Virginia state court.
Case 2: B sues A about the same event in federal court.
Both cases are pending at the same time. Is there any role for preclusion?
No. There is no final judgment in either case.
Case 1: A sues B in Virginia state court.
Case 2: B sues A about the same event in federal court.
Why was B’s claim not a compulsory counterclaim in A’s Virginia suit?
There is no such thing as compulsory counterclaims in Virginia state courts.
Also, when B sued A in case 2, A’s claim against B was already pending, so it’s not a compulsory counterclaim in the federal case.
What are the requirements for Res Judicata (claim preclusion)?
- Case 1 and Case 2 were brought by the same claimant against the same defendant.
- Case 1 ended in a final judgment or decree on the merits.
- Case 1 and Case 2 involved assertion of the same cause of action.
Virginia typically follows the “same transaction or occurrence” standard as federal law for res judicata purposes, except for…
where personal injury and personal property damages from the same transaction or occurrence. These will be considered different causes of action in Virginia courts.
If a claimant won Case 1, res judicata (claim preclusion) is called…
merger
If the claimant lost Case 1, res judicata (claim preclusion) is called…
barred
Collateral estoppel (issue preclusion) is narrower than claim preclusion. It precludes…
relitigation of an issue that was litigated and determined in Case 1.
What is the effect of collateral estoppel?
the issue is deemed established in subsequent Case 2.
May whom be collateral estoppel be asserted against?
Only against one who was a party to Case 1.
Who may assert collateral esstoppel?
It is always allowed for someone who was a party to Case 1 to use issue preclusion is Case 2.
Under federal law, sometimes a nonparty to Case 1 may assert issue preclusion in Case 2. This is called “non-mutual issue preclusion.” Is this allowed in Virginia?
The Virginia Supreme Court has never allowed nonmutual issue preclusion.
