Claim Preclusion Analysis

• 1. Claim Preclusion Defined
• 2. Privity

(aka res judicata)

Bars claim in 2nd suit from being litigated where:

1. Claim sought to be barred is same as claim brought in 1st suit; or one that should have been brought;

• 2. Parties in 2nd suit are either same parties as those in 1st suit, or are in privity with them;
• 3. AND, 1st lawsuit ended with a final judgment on the merits.

A Party is in Privity with Another when:

- he has same legal interest as party to 1st suit

- AND, his legal rights relative to interest were litigated in the 1st suit

- such that he was adequately represented

Must have all 3 elements of claim preclusion and privity for claim preclusion to be effective.