1984) ("[T]he term 'res judicata' is used generically to refer to both collateral estoppel, or issue preclusion, and res judicata, or claim preclusion
A broad rule of claim preclusion
will encourage a claimant to put everything before the first court, while a narrower rule might result in unasserted matters never having to be litigated at all.
i) They may be cited to this Court or to or by any other court in this circuit when relevant under the doctrine of law of the case or rules of claim preclusion
or issue preclusion.
assess or protect against the threat they face from claim preclusion
prevents relitigation of a prior claim when
2006) ("[T]he defense of claim preclusion
will generally be available where the asserted claim was, or could have been, raised in a prior action between the parties which has been adjudicated on the merits.
2004) (canvassing courts that have uniformly decided that this is no claim preclusion
because of Williamson County).
The court held that claim preclusion
did not apply to the claim that arose after suit was filed.
Moreover, most courts have rejected claim preclusion
based on criminal proceedings.
In its broadest sense, the term res judicata has been used to refer to two distinct doctrines also referred to as claim preclusion
and issue preclusion.
90) Duplicative litigation in the civil system is dealt with quite ruthlessly under the common law doctrine of res judicata, or claim preclusion
While defendants have several defenses to use against follow-on actions, such as the public-disclosure bar, grounds for original dismissal and claim preclusion
, the potential for subsequent actions may raise uncertainty in defendants about settling first-filed allegations and for what amount.