Res Judicata and Permissive Joinder of Claims Forum

[nyg22]

Hi all,

Wanted to run a thought by you.

Res Judicata bars 2nd suits on all claims that "were brought or could have been brought" + the other 3 elements

Scenario
First suit - X sues Z for battery
Second suit - X sues Z for unrelated contract claim

X could have brought unrelated contract claim in first suit via FRCP 18. My thought is that the second suit will not be barred though, because the contract claim does not emanate from the "same transaction or occurrence"

Do you all read the rules the same way?

[Tom Joad]

Yes.

[Doorkeeper]

Yes.

TCR.

[thelong]

Yes.

TCR.

Yep. Remember, it's "claim" preclusion, not "case" preclusion.

[omninode]

Yes.

TCR.

Yep. Remember, it's "claim" preclusion, not "case" preclusion.

Thank you. That is a great way to sum up the distinction, imo.