Res Judicata

THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, discuss and interpret the doctrine of res judicata. * * * Under federal common law, the doctrine of res judicata, or claim preclusion, applies when "(1) the first suit resulted in a final judgment on the merits; (2) the first suit was based on proper jurisdiction; (3) both suits involve the same parties (or those in privity with them); and (4) both suits are based upon the same claims or causes of action." Costner v. URS Consultants, Inc., 153 F.3d 667, 673 (8th Cir. 1998). "[W]hether two claims are the same for res judicata purposes depends on whether the claims arise out of the same nucleus of operative fact or are based upon the same factual predicate." Murphy v. Jones, 877 F.2d 682, 684-85 (8th Cir. 1989). Under the doctrine of res judicata, "a final judgment on the merits of an action precludes the parties or their privies from relitigating issues that were or could have been raised in that action." Allen v. McCurry, 449 U.S. 90, 94, 101 S.Ct. 411, 66 L.Ed.2d 308 (1980). Elbert v. Carter, 903 F. 3d 779 (8th Cir. 2018).

• | Author: LandMark Publications
• | Publisher: Independently Published
• | Publication Date: Jan 02, 2019
• | Number of Pages: 542 pages
• | Language: English
• | Binding: Paperback
• | ISBN-10: 1792882467
• | ISBN-13: 9781792882463