Preclusion and Subsequent Litigation

Question 1

Claim Preclusion (res judicata)

What are the three requirement?

Answer 1

1. Claim in suit 2 arises from the same t/o underlying suit 1
2. Suit 2 is between the same parties as suit 1
3. Suit 1 ended in a valid final judgment on the merits

Question 2

Claim Preclusion (res judicata)

What is a valid final judgment on the merits?

Answer 2

• valid: issuing court must have JX
• Final: Order that completely disposes of the case
• On the merits: Non-merits judgments are based on Jx or venue; all other judgments are on the merits

Question 3

Claim Preclusion (res judicata)

The claim preclusion rules are very similar to federal claim preclusion. What is the VA distinction?

Answer 3

Plaintiff with personal and property injury claims arising from the t/o need not bring those in the same suit

Question 4

Issue Preclusion (Collateral Estoppel)

What is the VA distinction from federal issue preclusion?

Answer 4

VA does not permit non-mutual issue preclusion; the second suit must involve the same parties.

Question 5

Issue Preclusion (Collateral Estoppel)

What are the four requirements?

Answer 5

1. Issue in suit 2 is the same as in suit 1
2. Suit 2 is between the same parties as suit 1
3. Suit 1 ended in a valid final judgment on the merits
4. Issue in suit 2 must have been fully litigated and decided in suit 1, and essential to the judgment in that suit