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    Civil Procedure

    Issue Preclusion Between Claims Arising Under Two Different Statutes

    Posted by Lee P. Dunham on September 22, 2017 at 12:15 PM

    Lee Dunham, Senior Attorney, National Legal Research Group

                Collateral estoppel, also known as "issue preclusion," prohibits relitigation of factual or legal issues that have been "actually and necessarily decided" in earlier litigation. See, e.g., Banga v. First USA, 29 F. Supp. 3d 1270, 1280-81 (N.D. Cal. 2014) (citing San Remo Hotel L.P. v. San Francisco City & County, 364 F.3d 1088, 1094 (9th Cir. 2004)).  Unlike the related doctrine of res judicata (or "claim preclusion"), which operates as a complete bar to relitigation of an entire claim, under collateral estoppel, the (new and different) claim may proceed, but "the prior judgment conclusively resolves an issue actually litigated and determined in the first action." DKN Holdings LLC v. Faerber, 61 Cal. 4th 813, 824, 352 P.3d 378, 386-87 (2015), reh'g denied (Aug. 12, 2015).  Claim preclusion bars litigation of all issues that were or could have been litigated in the original action under the original claim, while issue preclusion resolves only those issues that were actually litigated. Banga, 29 F. Supp. 3d at 1280-81.

                There are multiple prerequisite elements for the application of the doctrine of issue preclusion, including a prior proceeding that resulted in a final judgment on the merits and identity or privity of parties between the two proceedings.  However, this article will focus on the third element, "identity of issues" in cases where the "issue" is the satisfaction of a statutory requirement and where the claims in the first and second proceedings arise under different statutes.

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    Topics: issue preclusion, collateral estoppel, claims under different statutes

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