Claim & Issue Preclusion

Question 1

What is Res Judicata? (Claim Preclusion)

Answer 1

Res judicata bars an entire case once a final judgment on the merits has been rendered on a particular cause of action.

Question 2

What is required for Res Judicata? (Claim Preclusion)

Answer 2

To successfully bar a claim, the proponent must show:

(1) the earlier judgment was a valid, final judgment on the merits (i.e., verdict rendered by a trial court in federal court, or final after all appeals in California);
(2) the cases are brought by the same claimant against the same defendant;
(3) the same cause of action is involved in the later lawsuit; and
(4) the cause of action was litigated or could have been litigated in the prior action.

Question 3

What is Collateral Estoppel? (Issue Preclusion)

Answer 3

Collateral estoppel binds the plaintiff or defendant—or those in privity with either—in subsequent actions or different causes of action between them as to issues actually litigated and essential to the judgment in the first action.

Question 4

What is required for Collateral Estoppel? (Issue Preclusion)

Answer 4

To bar relitigation of an issue, a party must show:

(1) the first case ended in a valid, final judgment on the merits;
(2) the issue was actually litigated and determined in the first case (not by consent or default judgment in federal court, but default judgments have preclusive effect in California);
(3) the issue was essential to the judgment (if there were two grounds for a decision, it was not); and
(4) the second case must be brought by a party or one in privity.

Question 5

Recite the Rule Statement for Res Judicata

Answer 5

Res Judicata 1. Earlier Judgment: Earlier Final, Valid Judgment on Merits 2. Same Parties: Same Claimant Against Same Defendant 3. Same Claim: Same Cause of Action 4. Chance to Litigate: Cause of Action Litigated or Could Have Been Litigated Previously

Question 6

Recite the Rule Statement for Collateral Estoppel

Answer 6

Collateral Estoppel 1. Earlier Judgment: Earlier Final, Valid Judgment on Merits 2. Same/Similar Party: Second Case Brought by Party or One in Privity with Party 3. Essential Issue: Issue Essential to Judgment 4. Actually Litigated: Issue Actually Litigated and Determined