The crucial difference between claim preclusion and issue preclusion is that while claim preclusion can bar a party from raising a claim he or she failed to raise in a prior action, issue preclusion can bar only matters argued and decided in a prior lawsuit. As Justice Harlan noted in Southern Pacific Railroad Co.
What is claim preclusion?
Claim preclusion is a legal concept barring a person or entity from relitigating “all issues of a claim”. Claim preclusion operates as a full and complete bar to the relitigation of an entire claim.
Can a judgment be both preclusive and issue preclusion?
And in some other jurisdictions, both judgments can be preclusive, depending on if the former court has carefully considered the issues. Issue preclusion usually has a doctrine of mutuality, meaning it only binds the parties of the former litigation. But there are exceptions.
What is merger of Claim preclusion?
This is also a form of claim preclusion. Merger arises when the earlier judgment is for the plaintiff; the cause of action is said to merge into the judgment and thereby become extinguished. Issue Preclusion.