Res Judicata and Collateral Estoppel

Question 1

To determine whether res judicata or collateral estoppel apply, whose preclusion law does the court in Case 2 apply?

Answer 1

The preclusion law of the judicial system that decided Case 1

Question 2

What is res judicata?

Answer 2

Claim preclusion

Question 3

What are the requirements for res judicata to apply?

Answer 3

(1) Case 1 and case 2 brought by same claimant against same D
(2) Case 1 ended in valid final judgment or decree on the merits
* Any judgment is on the merits unless based on j’x, venue, or indispensible parties

(3) Case 1 and Case 2 involved the assertion of the same cause of action
* VA adheres to the “transction or occurrence” test like federal courts BUT personal injury and property damage from same T/O are not considered same causes of action

Question 4

What is collateral estoppel?

Answer 4

Issue preclusion–precludes relitigation of an issue that was litigated and determined in Case 1

Question 5

What is needed to exercise collateral estoppel?

Answer 5

(1) Case 1 ended in valid final judgment on the merits
(2) Issue presented in Case 2 was actually litigated and determined in Case 1
(3) Issue was essential to the judgment in Case 1
(4) Against whom is collateral estoppel asserted?
* May be asserted only against one who was a party to Case 1 (or represented by that party)

(5) By whom is collateral estoppel asserted?
* Always OK for someone who was party to Case 1 to use issue preclusion in Case 2
* Nonmutual issue preclusion has NEVER been allowed in VA