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Claim Preclusion and Privity

Posted: Thu May 05, 2011 11:57 pm
by random5483
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.

Re: Claim Preclusion and Privity

Posted: Fri May 06, 2011 12:42 am
by kalvano
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.

Re: Claim Preclusion and Privity

Posted: Mon May 09, 2011 1:24 am
by Mauve Velociraptor
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.