Civil Procedure - Res Judicata & Collateral Estoppel

Front 1

Res Judicata (claim preclusion)

Back 1

Once a final judgment on the merits has been rendered on a particular COA, P is barred by res judicata from trying the same COA in a later lawsuit.

Front 2

Res Judicata - Steps for Analysis:

Back 2

1) Judgment on the merits? (any judgment EXCEPT involuntary dismissal based upon jurisdiction, venue, indispensable parties)
2) Same COA presented? (identical elements of each claim; arising from same T/O - i.e., whether it would've been reasonable for P to sue D at that earlier time)
- Limited to parties, so does not bar NEW party's COA against original D.

Front 3

FRCP definition of "same claim"

Back 3

Party generally required to assert all claims arising out of the same T/O that is subject matter of a claim asserted by P.

Front 4

CA Primary Rights Doctrine

Back 4

COAs may be split into separate lawsuits as long as that COA does not give rise to invasion of a single primary right.

Front 5

Collateral Estoppel (issue preclusion)

Back 5

A judgment for P or D is conclusive in a subsequent action or a different COA between THEM OR THEIR PRIVIES, as to issues actually litigated and essential to the judgment of the first action.
- Issue of fact must have been necessary to the judgment rendered.

Front 6

Collateral Estoppel Requirements

Back 6

1. Judgment on the merits in the first case;
2. Same issue was actually litigated;
3. Issue was essential to first case;
4. Asserted against party to first case (CA adds, or in privity with a party in first case)