Claim Preclusion and Privity

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random5483
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Joined: Sat Mar 20, 2010 8:17 pm

Claim Preclusion and Privity

Postby random5483 » Thu May 05, 2011 11:57 pm

I know those in privity are bound by issue preclusion. However, my notes and two supplements seem to differ on the effect of privity on claim preclusion (Res Judicata).

I know that claim preclusion is effected by respondeat superior. But will those in other forms of privity to a party in the earlier action be bound based on claim preclusion?


Thanks.

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kalvano
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Joined: Mon Sep 07, 2009 2:24 am

Re: Claim Preclusion and Privity

Postby kalvano » Fri May 06, 2011 12:42 am

When you say "in privity", what do you mean?

Res Judicata will bar, say, a prospective purchaser of land from challenging a judgment on the property as to something like an easement.

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Mauve Velociraptor
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Joined: Sat Jun 13, 2009 12:31 pm

Re: Claim Preclusion and Privity

Postby Mauve Velociraptor » Mon May 09, 2011 1:24 am

Claim preclusion is not affected by Rospondeat Superior. Privity for preclusion purposes will be someone who is a successor to your interest i.e., someone who buys your house, OR someone who represented you in a suit i.e., parent on behalf of child, executor on behalf of estate, etc...

Employer/employee doesn't fall into anyone of those categories.




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