Two preclusion doctrines that end a second case before it starts.
Esshaki Legal Media TeamCurrent as of December 2025
Once a matter has been decided, the law limits how often it can be relitigated.
Two doctrines do that work and they are frequently confused.
Res judicata (claim preclusion) bars a second action on the same claim
between the same parties where there was a final judgment on the merits. Crucially
it bars not only what was litigated but what could have been — which is why
splitting related theories across two lawsuits is dangerous.
Collateral estoppel (issue preclusion) bars relitigating a specific issue of
fact or law that was actually litigated, actually decided, and necessary to a
prior final judgment. It can apply even where the claims differ.
Points that decide cases: whether the prior judgment was on the merits — a
dismissal for lack of jurisdiction generally is not; whether the issue was
actually decided rather than assumed; whether the party had a full and fair
opportunity to litigate it; and, for issue preclusion, whether the doctrine may
be used by someone who was not a party to the first case, which jurisdictions
treat differently.
Practical consequence. Bring related claims together. A party that holds one
back for a second action usually loses it, and the loss is procedural rather
than substantive.