What is collateral estoppel and res judicata when a final judgment on the merits of a claim is made against the same party?
MultiRegion, United States of America
The following excerpt is from Conley v. Van Sickle, 937 F.2d 611 (9th Cir. 1991):
Under res judicata, a final judgment on the merits bars further claims by parties based on the same cause of action.... Under collateral estoppel, once an issue is actually and necessarily determined by a court of competent jurisdiction, that determination is conclusive in subsequent suits based on a different cause of action involving a party to the prior litigation.
Montana v. United States, 440 U.S. 147, 153 (1979) (citations omitted).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a final judgment on the merits of the case bars further claims by parties based on the same cause of action? (MultiRegion, United States of America)
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, can the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, must the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
Does collateral estoppel apply to a party who has been involved in the same action as the other party? ("New York", United States of America)
If a claim has become moot prior to the entry of final judgment, does the court have to dismiss the claim? (MultiRegion, United States of America)
What are some cases where a party has been successful in claiming to be able to exclude or amend a party's statement of claim? (MultiRegion, United States of America)
What is the impact of agency work performed by a solicitor on a party-and-party costs claim? (Canada (Federal), Canada)
What is the date a judgment became final on direct review or on collateral review? (MultiRegion, United States of America)
Does a final judgment in a civil contempt case settle the right to sue for damages incurred after the date of the judgment? (MultiRegion, United States of America)
