Claim & Issue Preclusion

Federal Civil Procedure

Res Judicata (Claim Preclusion)

Claimant won Case 1: res judicata merges cases

Claimant lost Case 1: res judicata bars the case

Requirements:

1. Same parties;

2. Ended in valid final judgment on the merits; and

3. Assert the same cause of action/claim

Collateral Estoppel (Issue Preclusion)

1. Against someone who was a party in Case 1.

2. Case 1 ended in valid, final judgment on the merits;

3. Issue actually litigated and determined; and

4. Issue essential to the judgment

Who asserts Collateral Estoppel (Issue Preclusion)?

Non-mutuality Defensive: D can assert if P was party to prior case, but only if O had full chance to litigate.

Non-mutuality Offensive: P can assert against D if not “unfair”:

1. D had full and fair opportunity to litigate;

2. Party could foresee multiple suits;

3. P couldn’t have been joined easily; and

4. No inconsistent judgments on record.

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