Res Judicata & Collateral Estoppel

Question 1

Premise of Res Judicata

Answer 1

Once a party has fully litigated a claim once, she should be barred the second time (first litigation is binding)

REQUIRES a final valid judgment on merits

Question 2

When does Res Judicata apply?

Answer 2

Four Factors, all need to be met:
1. Claim in first action is same as claim in second (same nucleus of operative fact/transaction of occurence)
2. Same parties
3. Valid final judgment on first action
4. Judgment was rendered on merits of case

Question 3

3 Res Judicata Approaches

Answer 3

1. Transactional - fed. cts. largely follow this (recall supp. jurisdiction tests)
   -Subject matter jurisdiction over claim
   a) Diversity jurisdiction (complete + AIC>75k)
   b) Federal question jurisdiction
   c) Supp. Jurisdiction
2. Sameness of evidence (narrower)
3. Type of damages/primary rights used in minority states. Each distinct injury is a different claim

Question 4

Premise of Collateral Estoppel

Answer 4

If a person already litigated and lost on the issue, the issue is precluded from the second cause of action. It has already been deemed established without a need for evidence

Only applies to cases that were ACTUALLY litigated and decided

Question 5

When does Collateral Estoppel apply?

Answer 5

Five elements:
1. There is a final judgment
2. The issue of fact or law was the same in case 1 and case 2
3. The issue was actually litigated in case 1
4. The issue was actually decided in case 1
5. The decision of issue in case 1 was necessary to reach the judgment rendered
a) It was clear how the issue was decided by the trier of fact
b) The judgment was depended on the decision of the issue of fact

Question 6

Nonmutual Defensive Estoppel

Answer 6

D uses CE to establish defense

Ex: A sues B for med mal related to surgery. Jury finds A suffered no harm from surgery. A then sues C for med mal, and C uses CE to establish no harm was done

Question 7

Nonmutual Offensive Estoppel

Answer 7

P uses CE for purpose of establishing a claim for relief

Ex: A sues B and finds B was negligent. C files a suit against B based on same accident and seeks to use CE to preclude B from relitigating negligence