1991) (applying pre-1991 Louisiana law to reject claim preclusion
and issue preclusion); Pilie & Pilie v.
Where different patents are asserted in a first and second suit, a judgment in the first suit will trigger claim preclusion
only if the scope of the asserted patent claims in the two suites is essentially the same.
2) The Federal Circuit has made clear that it will apply the issue preclusion (3) and claim preclusion
rules of the regional circuit court where the relevant district court lies when the issue involved is purely procedural.
extends beyond issue preclusion precisely because it reaches issues that the court did not decide.
Rule 23 was amended in 1966 to eliminate the possibility of such asymmetric claim preclusion
by eliminating "spurious" class actions.
Thus consent judgments ordinarily support claim preclusion
but not issue preclusion.
295) But see Stoll, supra note 76, at 40 (calling the estoppel provision of [section] 325(e)(2) "something of a hybrid of claim preclusion
and issue preclusion").
The court could not avoid the issue of setting a circuit precedent on the Title II issue due to Brumfield's failure to plead a Title I claim and the ensuing claim preclusion
352) Claim preclusion
"encompasses the law of merger and bar," under which a litigant is precluded from getting a proverbial second bite at the apple by attempting to litigate a new claim in a second suit that arose out of the same transaction or occurrence as the first suit.
48) The Missouri Court of Appeals for the Western District first rejected Mason's claim preclusion
argument, finding that the Missouri litigation was not a collateral attack on the New York judgment.
145) Judge Posner acknowledged its application in McReynolds but resorted to issue certification because, he explained somewhat circularly, that was the way to resolve a common issue before issue or claim preclusion
No sistema de Common Law, a res judicata possui duas dimensoes: claim preclusion
e issue preclusion ou collateral estoppel.