Res Judicata and Collateral Estoppel

Question 0

Res judicata - Transactional analysis

Answer 0

All claims arising out of the same transaction or occurrence
are barred if not raised

Question 1

Res Judicata

Answer 1

Claim Preclusion

bars re-litigating claims decided on the merits

applies to issues raised, or could have been raised

Question 2

Collateral Estoppel

Answer 2

Issue Preclusion

Parties may not re-litigate issues decided against them on the merits

Question 3

Collateral Estoppel applies

Answer 3

issues decided on the merits, including summary judgement

not dismissal for insufficient service of process

Question 4

Application of Res judicata and Collateral Estoppel

to Administrative Determinations

Answer 4

quasi-judicial determinations of administrative agencies
rendered according to procedures
substantially similar to a court of law
given conclusive effect

Question 5

Factors considered when determining whether Res Judicata or Collateral Estoppel applies to Administrative Determinations (4)

Answer 5

1. Agency has statutory authority to act judicially
2. proceeding provide full and fair opportunity to litigate
3. party fully participated expecting to be bound by result
4. giving preclusive effect is consistent with agency administration

Question 6

Effect on Non Parties

Answer 6

No requirement for mutuality of estoppel in NY

non-parties can use issue preclusion against a party to the prior action.

no Collateral Estoppel by non-party unless
‘identical interests’ to party in prior suit.