res judicata and collateral estoppel - North Carolina Business ...

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Identity of claim Facts that entitle party to judicial remedy. Not the facts, but the unlawful violation of a right shown by the facts. NC: “a legal wrong threatened or committed against the complaining party.” Policy against claim-splitting.
Identity of claim (cont’d) Transactional approach (Restatement) “All rights . . . to remedies against the defendant with <strong>res</strong>pect to all or any part of the transaction, or series of connected transactions, out of which the action arose.” Not adopted in NC But, applying different labels to a claim or defense does not, alone, render them distinct. Nor does a difference in the remedy sought. Nor does reliance on different evidence.
Page 1 and 2: RES JUDICATA AND COLLATERAL ESTOPPE
Page 3 and 4: Res Judicata “A thing decided.
Page 5 and 6: Applications Defensive and of
Page 7 and 8: Final Judgment Interlocutory or
Page 9 and 10: On the Merits (cont’d) Involunta
Page 11: Privity (cont’d) Appears as req
Page 15 and 16: Closing observation Neither res jud
Page 17: Well, Yogi, it’s over now!

res judicata and collateral estoppel - North Carolina Business ...

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