THIS CASEBOOK contains a selection of 220 U. S. Court of Appeals decisions that analyze, interpret and apply the doctrine of res judicata. The selection of decisions spans from 2004 to the date of publication.
The term res judicata, which means essentially that the matter in controversy has already been adjudicated, encompasses two significantly different doctrines: claim preclusion and issue preclusion. See Taylor v. Sturgell, 553 U.S. 880, 892, 128 S.Ct. 2161, 171 L.Ed.2d 155 (2008). Under claim preclusion, "a final judgment forecloses successive litigation of the very same claim, whether or not relitigation of the claim raises the same issues as the earlier suit." Id. (internal quotation mark omitted). The doctrine precludes not only litigation of claims raised and adjudicated in a prior litigation between the parties (and their privies), but also of claims that might have been raised in the prior litigation but were not. See St. Pierre v. Dyer, 208 F.3d 394, 399 (2d Cir. 2000). Marcel Fashions Group v. Lucky Brand Dungarees, 779 F. 3d 102 (2nd Cir. 2015).
The doctrine of issue preclusion, in contrast, "bars successive litigation of an issue of fact or law actually litigated and resolved in a valid court determination essential to the prior judgment, even if the issue recurs in the context of a different claim." Taylor, 553 U.S. at 892, 128 S.Ct. 2161. (internal quotation marks omitted). Marcel Fashions Group v. Lucky Brand Dungarees, ibid.
The party asserting res judicata bears the burden of showing that the later-filed suit is barred. In re Piper Aircraft, 244 F.3d at 1296. For a prior judgment to bar a subsequent action under the doctrine of res judicata, the following requirements must be met: (1) the prior judgment must have been a final judgment on the merits; (2) the prior judgment must have been rendered by a court of competent jurisdiction; (3) the parties, or those in privity with them, must be identical in both suits; and (4) the same cause of action must be involved in both cases. Ray v. Tenn. Valley Auth., 677 F.2d 818, 821 (11th Cir. 1982); Ragsdale v. Rubbermaid, Inc., 193 F.3d 1235, 1238 (11th Cir. 1999). Batchelor-Robjohns v. US, (11th Cir. 2015).
When determining whether the causes of action are the same for purposes of res judicata, we consider "whether the primary right and duty are the same in each case." Ragsdale, 193 F.3d at 1239. Although we have described the "rights and duties" test as the "principal" res judicata test, id., we have stressed that courts must also consider the factual context of each case along with the "rights and duties" at issue. See Manning v. City of Auburn, 953 F.2d 1355, 1359 (11th Cir. 1992) (explaining that it is an "oversimplification" to focus on rights and duties alone and that we must also compare the factual issues in each case). In general, even if the rights and duties at issue are distinct, where a case "arises out of the same nucleus of operative fact, or is based upon the same factual predicate," as a former action, the two cases constitute the same "claim" or "cause of action" for purposes of res judicata. Ragsdale, 193 F.3d at 1239. When applying the "same nucleus of operative fact" test, we "look to the factual issues to be resolved [in the second lawsuit between the parties] and compare them with the issues explored in [the first lawsuit]." Id. We apply a pragmatic approach to this analysis by comparing the substance of the actions, not their form. See id. at 1239 & 1239 n.8. Batchelor-Robjohns v. US, ibid.
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The term res judicata, which means essentially that the matter in controversy has already been adjudicated, encompasses two significantly different doctrines: claim preclusion and issue preclusion. See Taylor v. Sturgell, 553 U.S. 880, 892, 128 S.Ct. 2161, 171 L.Ed.2d 155 (2008). Under claim preclusion, "a final judgment forecloses successive litigation of the very same claim, whether or not relitigation of the claim raises the same issues as the earlier suit." Id. (internal quotation mark omitted). The doctrine precludes not only litigation of claims raised and adjudicated in a prior litigation between the parties (and their privies), but also of claims that might have been raised in the prior litigation but were not. See St. Pierre v. Dyer, 208 F.3d 394, 399 (2d Cir. 2000). Marcel Fashions Group v. Lucky Brand Dungarees, 779 F. 3d 102 (2nd Cir. 2015).
The doctrine of issue preclusion, in contrast, "bars successive litigation of an issue of fact or law actually litigated and resolved in a valid court determination essential to the prior judgment, even if the issue recurs in the context of a different claim." Taylor, 553 U.S. at 892, 128 S.Ct. 2161. (internal quotation marks omitted). Marcel Fashions Group v. Lucky Brand Dungarees, ibid.
The party asserting res judicata bears the burden of showing that the later-filed suit is barred. In re Piper Aircraft, 244 F.3d at 1296. For a prior judgment to bar a subsequent action under the doctrine of res judicata, the following requirements must be met: (1) the prior judgment must have been a final judgment on the merits; (2) the prior judgment must have been rendered by a court of competent jurisdiction; (3) the parties, or those in privity with them, must be identical in both suits; and (4) the same cause of action must be involved in both cases. Ray v. Tenn. Valley Auth., 677 F.2d 818, 821 (11th Cir. 1982); Ragsdale v. Rubbermaid, Inc., 193 F.3d 1235, 1238 (11th Cir. 1999). Batchelor-Robjohns v. US, (11th Cir. 2015).
When determining whether the causes of action are the same for purposes of res judicata, we consider "whether the primary right and duty are the same in each case." Ragsdale, 193 F.3d at 1239. Although we have described the "rights and duties" test as the "principal" res judicata test, id., we have stressed that courts must also consider the factual context of each case along with the "rights and duties" at issue. See Manning v. City of Auburn, 953 F.2d 1355, 1359 (11th Cir. 1992) (explaining that it is an "oversimplification" to focus on rights and duties alone and that we must also compare the factual issues in each case). In general, even if the rights and duties at issue are distinct, where a case "arises out of the same nucleus of operative fact, or is based upon the same factual predicate," as a former action, the two cases constitute the same "claim" or "cause of action" for purposes of res judicata. Ragsdale, 193 F.3d at 1239. When applying the "same nucleus of operative fact" test, we "look to the factual issues to be resolved [in the second lawsuit between the parties] and compare them with the issues explored in [the first lawsuit]." Id. We apply a pragmatic approach to this analysis by comparing the substance of the actions, not their form. See id. at 1239 & 1239 n.8. Batchelor-Robjohns v. US, ibid.
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