res judicata

(redirected from Claim preclusion)
Also found in: Dictionary, Thesaurus, Legal, Financial, Encyclopedia.

res judicata (rās´ joo´dikä´tə),

adj decided or determined by judicial power; a thing judicially decided.
Mentioned in ?
References in periodicals archive ?
31) The US Supreme Court formulated the concept of claim preclusion as follows: "[Al final judgment on the merits of an action precludes the parties or their privies from relitigating issues that were or could have been raised in that action.
For the application of claim preclusion in breach of contract cases, see also James, Hazard & Leubsdorf, supra note 1 at 692-93.
They may also be cited under the doctrines of law of the case, claim preclusion, and issue preclusion.
The applicability of claim preclusion to summary process
the court squarely applied claim preclusion to the claims of a landlord
1990) (applying the transactional approach to claim preclusion issues); Lubrizol Corp.
So an individual who has suffered particular injury as a result of practices enjoined in a class action should remain free to seek a damages remedy even though claim preclusion would defeat a second action had the first action been an individual suit for the same injunctive relief.
Damages for medical monitoring or the disease itself will not be included, and claim preclusion will likely bar later suits to recover these expenses.
If the issue or claim preclusion concern is only about a parallel action or a specific cause of action, the reservation can be narrower to so reflect.
1st Dep't 1998) ("The doctrine of res judicata or claim preclusion prohibits a party from relitigating any claim that could have been or that should have been litigated in a prior proceeding.
Rule 41(b), said the Court, does not speak to claim preclusion at all.