claim and issue preclusion

Question 1

if case 1 and 2 are in different SYSTEMS

Answer 1

court in case 2 applies preclusion law of the system of case 1

Question 2

res judicata

Answer 2

claimant may sue only once to vindicate a claim

Question 3

requirements for claim preclusion

Answer 3

to be precluded:

1. same P against the same D
2. case 1 ended in a valid final judgment on the merits (every final judgement on the merits unless based on jurisdiction, venue, or indispensable party).
3. case 1 and case 2 are the same claim

(MAJORITY including fed view: claim is any right to relief arising from a transaction or occurrence)

(minority “primary rights” view: separate claims for property damage and for personal injuries that arise in a single event.)

Question 4

issue preclusion requirements

Answer 4

1. case 1 ended in a valid final judgment on the merits
2. same issue actually litigated and determined in case 1
3. issue was essential to judgement in case 1
4. only against someone who was a party/was in privity to a party in case 1 (due process factor) AND
5. (a) by someone who was a party/was in privity to a party in case 1 (b) OR nonmutual defensive preclusion (most states and fed OK) OR (c) nonmutal offensive preclusion if fairness factors support preclusion (some states and fed law)

Question 5

nonmutual defensive preclusion

Answer 5

The person using preclusion was not a party to Case 1 and is the defendant in Case 2.

Question 6

nonmutual offensive preclusion

Answer 6

person using preclusion was not a party to Case 1 and is the plaintiff in Case 2.

Court will consider fairness:

The party to be bound had a full and fair opportunity to litigate in Case 1;

• whether party to be bound had strong incentive to litigate Case 1
• whether party asserting issue preclusion could have easily joined to Case 1
• whether there have been inconsistent findings in other cases on the issue