Preclusion - Claim preclusion

Question 1

What is claim preclusion or res judicata?

Answer 1

You only get to sue on a claim once. So you only get one case in which to vindicate all rights to relief for that claim.

Question 2

What are the requirements of claim preclusion?

Answer 2

1) Case 1 and Case 2 were brought by same claimant against same defendant;
2) Case 1 ended in a valid final judgment on the merits;
3) Case 1 and Case 2 asserted the same claim;

Question 3

What is the majority view of what the ‘same claim’ is?

Answer 3

That a claim is any right to relief arising from a transaction or occurrence.

Question 4

What is the minority view of same claim?

Answer 4

That separate claims for property damage and personal injuries because those are different primary rights.

Question 5

What happens to the cause of action when I win a case?

Answer 5

Merger occurs when the plaintiff wins, her cause of action is said to merge into the judgment such that you cannot re-litigate the cause of action later.