"DEFENSE PRECLUSION": EXPLORING A NARROW GAP IN PRECLUSION LAW

[...]the Supreme Court's May 2020 decision in Lucky Brand Dungarees v. Marcel Fashions Group1 was doubly surprising. [...]issue preclusion applies to all parties from the first case-claimant and defendant. Z was a claimant in Case 1, when she asserted a counterclaim to recover for personal injuries. [...]both Case 1 and Case 2 featured assertions of liability by Z against A. And under the regnant view, Z asserted the same "claim" against A in both cases. Because the majority view is that the "claim" is defined transactionally: it consists of all rights to relief arising from a transaction or occurrence or "series of connected transactions" or occurrences.17 In simple terms, Z is suing A twice about the same real-world event.