0 - Preclusions of Subsequent Litigation

Question 1

What is claim preclusion (res judicata)?

Answer 1

A party is barred from bringing a subsequent civil action against the same opposing party on any claim arising from the same conduct, transaction, or occurrence that was decided on the merits by a final judgment

This applies regardless of whether the legal theory or rights were raised in the prior lawsuit or the nature of the legal elements or remedies sought.

Question 2

What are the exceptions to claim preclusion in Virginia?

Answer 2

1. Separate actions for personal injury and property damage claims arising from the same occurrence
2. Pursuing a second action for relief not recovered in a mechanic’s lien proceeding

Refer to Rule 1:6(c) for specific details.

Question 3

What is issue preclusion (collateral estoppel)?

Answer 3

Parties to a first action are precluded from litigating in a subsequent action any issue of fact actually litigated and essential to a valid and final personal judgment in the first action

Bates v. Devers, 202 S.E.2d 917 (Va. 1974)

Question 4

What is required for mutuality in collateral estoppel in Virginia?

Answer 4

A party may not rely on collateral estoppel unless that party would have been bound had the judgment been adverse to him

Norfolk & W. R. Co. v. Bailey Lumber Co., 272 S.E.2d 217 (Va. 1980)

Question 5

True or False: A conviction in a criminal case establishes facts as true in a subsequent civil action.

Answer 5

False

Selected Risks Ins. Co. v. Dean, 355 S.E.2d 579 (Va. 1987)

Question 6

Fill in the blank: In a civil action to recover under a fire insurance policy, the owner was precluded from relitigating the issue of _______.

Answer 6

intent to burn the owner’s goods

This occurred because the owner was previously convicted of willfully burning the goods to defraud the insurance company (Eagle, Star & Brit. Dominions Insurance. Co. v. Heller, 140 S.E. 314 (Va. 1927)).