The Doctrines of
These two doctrines establish the rule that once a case has reached a final judgment,relitigation of the claims and issues generally is barred.
ule: If judgment is rendered in favor of a plaintiff in a particular suit, the plaintiff is precluded from raising claims (in any future litigation) which wereraised in (or could have been raised) in that lawsuit.2.
Elements: Before a court will apply the doctrine of
to a claim, threeelements must be satisfied:
There must have been prior litigation in which identical claims were raised(or
have been raised). In general, claims are sufficiently identical if they are found to share a ³common nucleus of operative fact.´2.
The parties in the second litigation must be identical in some manner tothe parties in the original litigation, or be in privity with the parties in thefirst action.
A party is considered to be in privity with a party in the originallitigation if:
The nonparty succeeded to the interest of a party;2.
The nonparty, though it did not technically participate in the firstsuit, controlled one party¶s litigation in that suit;3.
The nonparty shares a property interest with the party;4.
The party and the nonparty have an agency relationship(agent/principal); or 5.
The party otherwise adequately represented the interest of thenonparty in the previous litigation.3.
There must have been a final judgment on the merits in the originallitigation.
Not all final judgments are based on the merits of the case(i.e., cases dismissed on jurisdictional grounds, etc.).3.
es judicata bars relitigation of claims that were previously litigated aswell as claims that could have been litigated in the first lawsuit.4.
is generally not applied to potential counterclaims bydefendants, so defendants are not necessarily barred from raising a counterclaimin future litigation. However, remember that all counterclaims must conform toF
3(a), and that some counterclaims are compulsory (must be raised inoriginal litigation or they are waived).