Preclusive Effects on Judgement (Claim Preclusion (Res Judicata) ((1)…
Preclusive Effects on Judgement
Claim Preclusion (Res Judicata)
"This came up in case one and it should have been brought up then"
Prevents litigation of of a claim or all claims between the same parties and those in privity with them arising out of the same transaction or occurrence and that and that were determined on the merits by a court with proper subject matter and personal jurisdiction.
(1) There must be final judgement in case number 1
(2) on the merits
(3) Valid (D shows up to court)
(4) Same parties or privity
13(a) Compulsory counterclaim: A pleading must state as a counterclaim any claim that the pleader has against the opposing party if it is a claim that arises out of the same transaction or occurrence that is the subject matter of the opposing party and does not require adding another party that the court does not have jurisdiction over.
13(b) Permissive Counterclaim: A pleading may state as a counterclaim against opposing party any claim that is not compulsory.
Issue Preclusion (Collateral Estoppel)
"This came up in lawsuit one and it was decided"
Issue preclusion bars litigation of issues that are (1) Identical
(2) Fully and fairly litigated
Default not held to be preclusive, kangaroo court
Offensive preclusion: court has room to decide if a litigant who was not a party to a prior judgement may use a judgement offensively to prevent a defendant from relitigating issues resolved in the earlier proceeding
Wait and see party?
Could party have joined the other suit?
Did party have an incentive to litigate the claim?
Inconsistent verdicts exist?