Also known as:res judicata facit ius inter partes · res judicata
Written by attorneys · grounded in primary & secondary sources — see below
A Latin maxim that a final judgment creates binding law between the parties. The effect of a judgment for or against one of several tortfeasors upon claims against others liable for the same harm is determined by ordinary res judicata principles.
Sources & Authorities
How it applies
Common Examples
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Tortfeasor Judgment Preclusion
Raphael Rivera obtained a final negligence judgment against Valley Compounding Pharmacy after proving contamination and damages from tainted medication. He then sued National Pharmaco Distributors for supplying the same contaminated ingredients. The court applies ordinary res judicata rules to decide whether the prior findings bind National or bar the new suit.
Jury Trial Demand After Injunction
Ruby Rivera sought injunctive relief in federal court against Beacon Theatres for antitrust violations. Beacon demanded a jury trial on damages issues. The court weighs whether the equitable claim must be tried first and how that order affects later legal claims under preclusion principles.
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Restatements
Study Supplements
Beacon Theatres, Inc. v. Westover359 U.S. 500 (1959)
Due Process Challenge to Prior Judgment
Rhea Reynolds sued a coal company in state court and obtained a large verdict. The defendant later claimed the presiding judge had an unconstitutional conflict. The reviewing court examines whether the prior judgment retains preclusive force despite the due process objection.
Caperton v. A. T. Massey Coal Co.556 U.S. 868 (2009)
Nonmutual Issue Preclusion
Raymond Ramos lost a patent infringement suit against one defendant after full litigation of validity issues. He then sued a second manufacturer on the same patent. The court decides whether the earlier judgment precludes relitigation of validity against the new party.
Blonder-Tongue Laboratories, Inc. v. University of Illinois Foundation402 U.S. 313, 324–25 (1971)
Legislative Attempt to Reopen Judgment
Roger Ramirez obtained a final dismissal of a securities claim under a limitations rule. Congress later enacted a statute purporting to revive such claims. The court determines whether the new statute can override the preclusive effect of the earlier judgment.
Plaut v. Spendthrift Farm, Inc.514 U.S. 211, 228 (1995)
Intervention and Preclusion Risk
Ronald Reed moved to intervene in an employment suit between a union and an employer. He argued that an adverse judgment would practically impair his separate contract rights. The court assesses whether his absence would allow later relitigation or create preclusion problems.
Martin v. Wilkes490 U.S. 755, 762 n.2 (1989)
Common questions
Frequently Asked
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Does a judgment against one tortfeasor automatically bind or release other potential tortfeasors?+
No. The effect of a judgment for or against one of several tortfeasors on claims against others liable for the same harm is governed by ordinary res judicata principles rather than any special automatic rule.
Supporting sources
When does a prior judgment against one alleged tortfeasor preclude a later suit against a different actor for the same harm?+
The prior judgment may preclude the later suit only if the standard elements of claim preclusion or issue preclusion are satisfied, including identity of parties or privity and a final judgment on the merits.
Supporting sources
Why is res judicata described as making law between the parties?+
A final judgment on the merits prevents the same parties or their privies from relitigating claims that were or could have been raised, thereby creating binding legal consequences between them and promoting finality.
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…