Preclusion

Question 1

Preclusion Law

Answer 1

Case 1 governs

Question 2

Claim Preclusion

Answer 2

1. Same π and ∆
2. Final judgment on merits (all but jx, venue, indispensable party [CA: + SOL])
3. Same Claim
   - -Fed: T/O
   - -CA: different primary rights for property vs injury

Question 3

Issue Preclusion

Answer 3

1. Final judgment on Merits
2. Issue Actually Litigated
3. Issue Essential to Judgment
4. Against Party to Case 1 or Privity

–∆ Using - Non Mutual Defensive: ok if opp. had full chance to litigate issue in case 1

–π Using - Non Mutual Offensive: trend is yes if fair (app to lit in case 1 + incentive to lit strongly + couldn’t have joined case 1 + no inconsistent findings on issue)