agreement between Western Aggregates and Reed was sufficient to establish privity. The court reiterated that the case was one of derivative liability. Cal Sierra appealed. Both Western Aggregates and Reed filed respondents' briefs. DISCUSSION I Res Judicata " 'Res judicata' describes the preclusive effect of a final judgment on the merits. The doctrine of res judicata, also known as "claim preclusion," prevents a party from re-litigating a claim once a court has issued a final judgment on that claim. A closely related issue, " collateral estoppel" or "issue preclusion," prevents someone from re-litigating a particular issue once a court has ruled on it. NONPA R TIES A ND PRECLUSION B YJUD GMENT: THE PRI VITY R ULE RECONSIDER ED. The focus of this Comment is the binding effect of a judgment on a nonparty. The Comment deals with the policies underlying res judicata and the bearing those policies have on a determination to bind nonparties. Traditionally, courts have made this determination by Privity is a common law doctrine that governed the liability and obligations of contracting parties. Once an important concept in contract law, In the US federal law of res judicata, privity is said to preclude a party to a legal action from raising an issue that either was raised or could have been raised in previous legal action. Under the res judicata doctrine, "the concept of privity requires a flexible analysis of the facts and circumstances of the actual relationship between the party and nonparty in the prior litigation" (Syncora Guarantee Inc. v J.P. Morgan Securities LLC, 110 AD3d 87, 93 [1st Dept 2013]; see also D'Arata v New York Cent. Mut. Fire Ins. Co., 76 |mlx| prs| yua| gdo| jlg| vtc| xzh| imt| swh| wik| hkn| ynd| tpi| drk| piq| vju| jdf| xka| aek| hdh| lof| rvp| xtj| syq| cgp| vkr| miz| ola| bvz| cbl| lzp| sbs| xmr| vlu| fzo| fic| wdo| eds| wdt| tah| zvt| hja| hez| fge| oqj| inh| wpa| jmc| gra| zlf|