claim and issue preclusion

Question 1

when to be alert re these issues

Answer 1

• question is whether a JUDGMENT already entered in case 1 precludes litigation of any matters in case 2

Question 2

order of operations re analysis

Answer 2

• start with claim preclusion (if it applies, case 2 is dismissed)
• it it doesn’t, try issue preclusion (if issue preclusion does apply, it streamlines litigation in case 2 by deeming an issue established in the case)

Question 3

CLAIM preclusion

Answer 3

claimant may sue only once to vindicate a claim

requirements for a claim to be precluded/barred:
1. same claimaint suing same defendant (case 1 and case 2 were brought by same claimant against same D)
2. valid, final judgment on merits (case 1 must have ended in a valid final judgment on merits)
3. case 1 and case 2 must be the same claim –> A CLAIM IS ANY RIGHT TO RELIEF ARISING FROM A TRANSACTION OR OCCURRENCE

Example: P sues D (an auto manufacturer) in state court for negligence arising from a car accident. The alleged negligence is negligent manufacture of a component of P’s car, which P believes was the proximate cause of P’s injury. At trial, the jury finds for D and the court enters judgment against P. Believing her lawyer did a poor job in the trial, P files a second suit against D for the same injury, again alleging negligence, this time using a better lawyer.

Question 4

merger and bar

Answer 4

• merger: when pff wins on her claim and all related claims merged with judgment
• bar: when the pff loses in case one and is prevented from bringing claim against in case two

Question 5

issue preclusion / collateral estoppel

Answer 5

narrower than claim preclusion

• issue was litigated in case 1; same issue is presented in case 2
• if issue preclusion applies, the issue can’t be relitigated in case 2

Question 6

requirements for issue preclusion

Answer 6

1) case 1 ended in valid, final judgment on merits
2) same issue actually litigated and determined in case 1
3) issue was essential to judgment in case 1 (finding on issue is basis for judgment)

Question 7

last element of issue preclusion

Answer 7

4) issue preclusion can be used only AGAINST somebody who was a party to case 1 or “in privity” with a party (this is a principle of due process)

ex: pff sues driver 1 in fed ct, but jury finds that driver 2 was 100% at fault. pff then sues driver 2 in fed court. can driver 2 litigate his negligence in case 2? YES – pff cannot use issue preclusion against driver 2 to preclude the negligence issue from being relitigated b/c driver 2 was NOT A PARTY to first case…

Question 8

defensive and offensive issue preclusion

Answer 8

A) NONMUTUAL DEFENSIVE ISSUE PRECLUSION

D in case two can prevent P from re-litigating an issue P lost to another D in case one (court will ask if P had an opportunity to litigate issue in case 1)

B) NONMUTUAL OFFENSIVE ISSUE PRECLUSION (RARE!!!)

P in case two seeks to prevent D from relitigating an issue that the D previously lost to another P in case one