In general, these limitations include the rules of claim preclusion
and issue preclusion, and the concept of "privity".
i) They may he cited to this Court or to or by any other court in this circuit when relevant under the doctrine of law of the case or rules of claim preclusion
or issue preclusion.
two distinct doctrines: claim preclusion
and issue preclusion.
the Bon-ton court eventually applied claim preclusion
to deny Bouchat
92) Claim preclusion
is the modem term for the common law rule against splitting.
For an earlier discussion of the limits of claim preclusion
outside the formal requirements of Rule 23, see Samuel Issacharoff, Private Claims, Aggregate Rights, 2008 SUP.
30) Thus, it implicitly assumed that claim preclusion
did not bar the absent class members' individual claims, thereby adopting a gloss on the doctrine of claim preclusion
for class actions.
Allowing split causes of action is better than the current use of claim preclusion
326) Moreover, instead of attempting to minimize the res judicata and collateral estoppel risks for the omitted claims, these courts deny certification based merely on a fear that there might be issue or claim preclusion
155) Surprisingly--given the safe harbor it had offered--the Ninth Circuit affirmed dismissal on claim preclusion
grounds, holding that "the California Supreme Court's adjudication of the state takings claims was an 'equivalent determination' of the federal takings claims, and .
While this result may initially appear at odds with traditional claim preclusion
principles--the Restatement articulation prohibits more than one lawsuit arising out of the same factual occurrence on the theory that the award in the first action is intended to encompass the entire award for the entire injury--it may be reconciled as a consistent outgrowth or variation on the traditional rule which furthers several important policy goals.
With respect to adequacy concerns based on omitted claims, district courts have discretion to address possible issue and claim preclusion
concerns up front, as opposed to denying class certification based on the lack of adequate representation.