Written by attorneys · grounded in primary & secondary sources — see below
A doctrine that precludes relitigation of claims or issues already decided by a final judgment on the merits when the parties or their privies are the same. The doctrine applies to determine the effect of a judgment for or against one of several tortfeasors upon claims against others who may be liable for the same harm.
Sources & Authorities
How it applies
Common Examples
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Malpractice Suit Against Joint Counsel
Ryan Roberts sued a large law firm for mishandling settlement talks in his injury case and lost after a full trial on the merits. He then sued Regina Robinson, the solo attorney who jointly represented him in the same matter. The court applies ordinary res judicata rules to decide whether the prior defense judgment bars the second action.
Securities Class Action Preclusion
Rosalind Reed sued corporate officers for misleading proxy statements and sought damages. After the SEC obtained a final injunction against the same defendants in a parallel proceeding, Reed moved for summary judgment on the identical false-statement issue. The court determines whether the prior judgment precludes relitigation under res judicata principles.
Select any source to read its text and confirm it supports the definition.
Restatements
Study Supplements
Parklane Hosiery Co. v. Shore439 U.S. 322, 334 (1979)
Patent Infringement Estoppel
Riverstone Manufacturing sued a competitor for patent infringement and lost when the court held the patent invalid. It later sued another defendant on the same patent. The court applies res judicata to decide whether the earlier invalidity finding binds the new defendant.
Blonder-Tongue Laboratories, Inc. v. University of Illinois Foundation402 U.S. 313, 324–25 (1971)
Personal Jurisdiction Preclusion
Regal Apparel sued a foreign supplier for breach and obtained a default judgment. When the supplier later challenged enforcement on jurisdictional grounds, the court determines whether res judicata bars the jurisdictional attack.
Insurance Corp. of Ireland v. Compagnie des Bauxites de Guinee456 U.S. 694, 702 n.9 (1982)
Injunction Against State Judgment
Rita Russell obtained a state-court judgment against her former employer. The employer later sought a federal injunction barring enforcement on due-process grounds. The court decides whether res judicata prevents relitigation of the validity of the state judgment.
Baker v. General Motors Corp.522 U.S. 222, 246 (1998)
Class Action Settlement Preclusion
Rachel Ramirez, a class member in a nationwide settlement, later filed an individual suit raising the same claims. The court applies res judicata to determine whether the class judgment bars her separate action.
Phillips Petroleum Co. v. Shutts472 U.S. 797 (USSC 1985)
Common questions
Frequently Asked
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Does a judgment for one tortfeasor automatically release others liable for the same harm?+
No. The effect of a judgment for or against one of several tortfeasors is governed by ordinary res judicata principles rather than any special tort rule that automatically releases the others.
Supporting sources
When does a prior judgment against one alleged tortfeasor bar a later suit against another?+
The prior judgment may bar the later suit only if the traditional elements of claim preclusion or issue preclusion are satisfied, including identity or privity of parties and identity of claim or issue.
Supporting sources
Can res judicata apply when the second defendant was not a party to the first action?+
Yes, but only if the second defendant is in privity with a party or if issue preclusion requirements are otherwise met. The mere fact that both defendants are alleged joint tortfeasors does not create automatic preclusion.
Supporting sources
357 U.S. 235 (1958)Conflict of Laws
…her children pursued their own interests. When the Florida decree was entered the legatees unsuccessfully urged it as res judicata of the Delaware dispute. In a decree dated Jan. 13, 1956, the Delaware Chancellor ruled that the trust and power of appointment were valid under the applicable Delaware law, and that the…