Res Judicata and Collateral Estoppel

Question 1

Res Judicata

Answer 1

1) both cases must be brought by same claimant against same defendant;
2) fist lawsuit must have ended with final judgment on the merits; and
3) first and second case arise out of the same T/O

Question 2

RJ - what judgments are not on merits - dismissal w/o prejudice

Answer 2

1) lack of SMJ
2) lack of PJ
3) improper venue
4) improper service
5) failure to join a r. 19 party

Question 3

Collateral Estoppel

Answer 3

1) first case ended in final judgment on merits;
2) same issue litigated and determined;
3) that issue was essential to the judgment;
4) Against whom? CE may only be asserted against one who was a party to the prior case (or represented - privity) (due process requirement)
5) By whom? Traditional rule was there had to be mutuality as both parties had to be in the prior litigation. However, Ga recognizes nonmutual defensive collateral estoppel but not nonmutual offensive collateral estoppel. (Feds allow both if fair)

Question 4

CE - Nonmutual defensive collateral estoppel

Answer 4

nonmutual defensive collateral estoppel is ok. There is no due process issue because the party against whom CE is being asserted was in the prior case. There is no due process requirement for the party asserting CE.

Example: Georgia drove Jerry’s car and collided with Elaine. Elaine sues George and George wins because Elaine Contributorily Negligence. Elaine then sues Jerry. Jerry can assert nonmutual defensive collateral estoppel because Elaine was a party and litigated this issue so there is no due process issue.

Question 5

CE - nonmutual offensive collateral estoppel

Answer 5

NO! Plaintiff cannot use collateral estoppel. Same case as above but now Jerry brings second action against Elaine. Jerry cannot as the plaintiff assert nonmutual collateral estoppel.