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Introduction
The term "Claim Preclusion" refers to the legal doctrine that prevents a party from relitigating a claim or issue that has already been decided by a competent court in a prior case. It is based on the principle of finality in legal decisions to promote judicial economy, fairness, and consistency.
Below are different ways to define "Claim Preclusion" in contracts. Choose the one that fits your needs, customize it, and use it as needed.
Definition of "Claim Preclusion" in Civil Litigation
This definition applies to civil cases.
"Claim Preclusion" refers to the legal principle that a party who has already litigated a claim and received a final judgment on the merits cannot bring the same claim again in subsequent litigation, even if new evidence or arguments are available.
Definition of "Claim Preclusion" in Contract Disputes
This version connects to contract law.
"Claim Preclusion" means that once a claim involving a contract dispute has been resolved by a court, the party cannot bring the same claim again in a future lawsuit, even if they seek different remedies or argue that the previous decision was wrong.
Definition of "Claim Preclusion" in Employment Law
This definition applies to employment disputes.
"Claim Preclusion" refers to the doctrine that prevents an employee from bringing a lawsuit based on the same set of facts after a court has already issued a judgment in a prior employment-related case, such as wrongful termination or discrimination claims.
Definition of "Claim Preclusion" in Intellectual Property Cases
This version applies to intellectual property law.
"Claim Preclusion" refers to the principle that bars a party from filing a subsequent lawsuit concerning the same intellectual property rights after a court has already ruled on the validity, infringement, or ownership of those rights.
Definition of "Claim Preclusion" in Antitrust Cases
This definition applies to antitrust law.
"Claim Preclusion" means that once a court has resolved a legal dispute over antitrust issues, such as price-fixing or monopolistic practices, the parties are prevented from relitigating the same issues in another case.
Definition of "Claim Preclusion" in Family Law
This version connects to family law matters.
"Claim Preclusion" refers to the doctrine that bars a party from relitigating issues resolved in a previous family law case, such as child custody, alimony, or division of property, in subsequent proceedings.
Definition of "Claim Preclusion" in Bankruptcy Proceedings
This definition applies to bankruptcy law.
"Claim Preclusion" refers to the principle that once a bankruptcy court has resolved a creditor’s claim in a bankruptcy case, the creditor cannot bring the same claim against the debtor in a different legal forum or proceeding.
Definition of "Claim Preclusion" in Tort Law
This version applies to tort cases.
"Claim Preclusion" means that a plaintiff cannot refile a tort claim, such as personal injury or negligence, if the issue has already been decided by a court, even if the plaintiff later believes that a different outcome should have been reached.
Definition of "Claim Preclusion" in Real Estate Disputes
This definition applies to real property law.
"Claim Preclusion" refers to the principle that a party cannot bring a second lawsuit involving the same real estate dispute, such as ownership or boundary issues, once a final judgment has been rendered in the first case.
Definition of "Claim Preclusion" in Environmental Law
This version applies to environmental cases.
"Claim Preclusion" refers to the legal rule that bars a party from relitigating an environmental claim or issue, such as pollution liability, after a court has ruled on the matter in a prior lawsuit.
Definition of "Claim Preclusion" in Securities Law
This definition applies to securities law.
"Claim Preclusion" refers to the doctrine that prevents a party from filing a lawsuit based on the same factual allegations or securities law violations that were already adjudicated in a prior legal action.
Definition of "Claim Preclusion" in Medical Malpractice Cases
This version connects to medical malpractice law.
"Claim Preclusion" means that once a court has made a final ruling on a medical malpractice claim, such as negligence or wrongful death, the party cannot refile the same claim or issue in a later lawsuit.
Definition of "Claim Preclusion" in Tax Law
This definition applies to tax disputes.
"Claim Preclusion" refers to the principle that once a final decision has been made regarding a tax issue, such as the validity of deductions or tax liability, the same claim cannot be brought before another court or tax authority.
Definition of "Claim Preclusion" in Class Action Lawsuits
This version applies to class actions.
"Claim Preclusion" refers to the rule that prevents a member of a class action from filing a new lawsuit based on the same claims once the class action has been resolved and a final judgment has been entered.
Definition of "Claim Preclusion" in Commercial Disputes
This version applies to business litigation.
"Claim Preclusion" refers to the legal doctrine that bars a party from relitigating the same commercial dispute once it has been adjudicated by a court, preventing reassertion of claims related to contract breaches or business torts.
Definition of "Claim Preclusion" in Probate Cases
This definition applies to inheritance and estate disputes.
"Claim Preclusion" means that once a probate court has resolved a dispute over the validity of a will or the distribution of an estate, the same issue cannot be re-litigated by the same parties in another court proceeding.
Definition of "Claim Preclusion" in Tax Refund Cases
This version connects to tax litigation.
"Claim Preclusion" refers to the principle that a taxpayer is barred from seeking a refund or credit for the same tax issue that has already been adjudicated in a prior case involving similar facts or tax disputes.
Definition of "Claim Preclusion" in Consumer Protection Cases
This definition applies to consumer law.
"Claim Preclusion" means that a consumer cannot bring the same claim against a business, such as fraudulent practices or deceptive advertising, if the issue has already been settled in a previous case involving the same parties and claims.
Definition of "Claim Preclusion" in Defamation Cases
This version applies to defamation suits.
"Claim Preclusion" refers to the legal doctrine that bars a party from suing again for defamation based on the same alleged defamatory statements once a court has ruled on the issue, even if new defamatory statements are made in the future.
Definition of "Claim Preclusion" in Health and Safety Law
This definition applies to occupational health and safety disputes.
"Claim Preclusion" means that once a regulatory body or court has resolved a health and safety violation claim, the employer or party cannot raise the same claims or issues in a different proceeding.
Definition of "Claim Preclusion" in Immigration Cases
This version connects to immigration law.
"Claim Preclusion" refers to the principle that a party is prohibited from bringing a subsequent claim regarding immigration status or visa issues that have already been litigated or adjudicated in a prior case.
Definition of "Claim Preclusion" in Maritime Law
This definition applies to shipping and maritime disputes.
"Claim Preclusion" refers to the principle that once a maritime claim, such as damage to cargo or vessel accidents, has been decided by a court, the same claim cannot be refiled in a different jurisdiction.
Definition of "Claim Preclusion" in Bankruptcy Fraud Cases
This version applies to bankruptcy proceedings.
"Claim Preclusion" refers to the principle that a party is barred from reasserting claims of bankruptcy fraud in a separate court after a bankruptcy court has already ruled on those claims.
Definition of "Claim Preclusion" in Real Estate Fraud Cases
This definition applies to real estate transactions.
"Claim Preclusion" means that once a court has resolved claims of fraud in a real estate deal, the same parties cannot refile claims regarding the same fraudulent acts or misrepresentations.
Definition of "Claim Preclusion" in Environmental Remediation Cases
This version connects to environmental liability.
"Claim Preclusion" refers to the principle that once a court has resolved a claim for environmental cleanup or pollution, the parties cannot reassert the same claims or issues in another legal proceeding.
Definition of "Claim Preclusion" in Divorce Settlements
This definition applies to family law and divorce.
"Claim Preclusion" means that once a divorce court has issued a final judgment, the parties are barred from bringing the same claims related to the dissolution of marriage, such as division of assets, alimony, or child custody, in future proceedings.
Definition of "Claim Preclusion" in Foreign Sovereign Immunity Cases
This version applies to disputes involving foreign governments.
"Claim Preclusion" refers to the legal rule that prevents a party from bringing a claim against a foreign sovereign or government in another court after it has been resolved under the principles of foreign sovereign immunity in a prior case.
Definition of "Claim Preclusion" in Bankruptcy Discharge Cases
This definition applies to bankruptcy law and discharge issues.
"Claim Preclusion" means that once a bankruptcy court has ruled on the dischargeability of a debt, the debtor or creditor cannot bring the same claims regarding the debt’s dischargeability in a different court or proceeding.
Definition of "Claim Preclusion" in Privacy Law Cases
This version applies to privacy and data protection litigation.
"Claim Preclusion" refers to the principle that once a court has resolved a privacy claim, such as a data breach or unauthorized sharing of personal information, the same claim cannot be brought again in a subsequent legal proceeding.
Definition of "Claim Preclusion" in Civil Litigation
This version applies to general civil litigation.
"Claim Preclusion" refers to the legal doctrine that prevents a party from relitigating a claim or cause of action that has already been resolved in a previous lawsuit, ensuring that once a final judgment has been rendered, the same issue cannot be revisited by the same parties.
Definition of "Claim Preclusion" in Contract Disputes
This definition applies to breach of contract cases.
"Claim Preclusion" means that a party who has previously filed a lawsuit over a contract dispute and received a final judgment cannot bring the same claim against the other party again, even if new facts or evidence are presented.
Definition of "Claim Preclusion" in Employment Disputes
This version applies to employment law and disputes.
"Claim Preclusion" refers to the rule that an employee who has filed and resolved a claim against their employer, such as for discrimination or wrongful termination, is barred from bringing the same claim again in a subsequent lawsuit after a final decision has been made.
Definition of "Claim Preclusion" in Antitrust Litigation
This definition applies to antitrust law and competition cases.
"Claim Preclusion" refers to the principle that once a court has ruled on an antitrust case, the same parties are precluded from filing another lawsuit on the same antitrust issue, even if new evidence or claims are introduced.
Definition of "Claim Preclusion" in Bankruptcy Cases
This version applies to bankruptcy law.
"Claim Preclusion" means that a creditor who has filed a claim in a bankruptcy case and received a ruling on it cannot pursue the same claim again in a separate lawsuit, as the issue has been conclusively determined through the bankruptcy proceedings.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.