14 Pages Posted: 17 Nov 2008
Date Written: 2000
During the 1999-2000 survey year the United States Court of Appeals for the Second Circuit has issued at least twenty-five res judicata decisions, expanding the doctrines of claim preclusion and issue preclusion. The court liberally applied claim preclusion but infrequently applied the more expansive doctrine of issue preclusion. Also, the Second Circuit released over fifty unpublished decisions that affect the rights of pro se litigants appearing before the court. These decisions demonstrate the court's immense respect for the doctrine of res judicata. Similarly, the decisions illustrate the extent to which the court relies on the doctrine to achieve finality, to prevent inconsistent judgments and to allocate judicial resources. This survey article will review some of the court's significant decisions and comment on future trends for application of the law of res judicata in the Second Circuit.
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