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Plunkett v. State3/10/2005
ble to the evolution of preclusion concepts over the years. These effects are referred to collectively by most commentators as the doctrine of 'res judicata.' See Restatement (Second) of Judgments, Introductory Note before ch. 3 (1982); 18 C. Wright, A.
Miller, & E. Cooper, Federal Practice and Procedure § 4402 (1981). Res judicata is often analyzed further to consist of two preclusion concepts: 'issue preclusion' and 'claim preclusion.' Issue preclusion refers to the effect of a judgment in foreclosing relitigation of a matter that has been litigated and decided. See Restatement, supra, § 27. * * * Claim preclusion refers to the effect of a judgment in foreclosing litigation of a matter that never has been litigated, because of a determination that it should have been advanced in an earlier suit. Claim preclusion therefore encompasses the law of merger and bar. See id., Introductory Note before § 24." Migra, 465 U.S. at 77n.1.
Although issue preclusion generally operates to bar relitigation of only those issues that actually were decided in the prior lawsuit, it may even apply when the second lawsuit asserts a different claim. Foster-Glocester Regional School Committee, 854 A.2d at 1014n.2. Claim preclusion, on the other hand, "'precludes the relitigation of all the issues that were tried or might have been tried in the original suit.'" Id. (Emphasis added.)
This Court considered the question of what constitutes a "claim" for purposes of claim preclusion in ElGabri and adopted the transactional rule set forth in the Restatement (Second) Judgments. ElGabri, 681 A.2d at 276. Section 24 of the Restatement provides:
"Dimensions of 'Claim' for Purposes of Merger or Bar -- General Rule Concerning 'Splitting'
"(1) When a valid and final judgment rendered in an action extinguishes the plaintiff's claim * * * the claim extinguished includes all rights of the plaintiff to remedies against the defendant with respect to all or any part of the transaction, or series of connected transactions, out of which the action arose.
"(2) What factual grouping constitutes a 'transaction' and what groupings constitutes a 'series' are to be determined pragmatically, giving weight to such considerations as whether the facts are related in time, space, origin, or motivation, whether they form a convenient trial unit, and whether their treatment as a unit conforms to the parties' expectations or business understanding or usage." (Emphases added.)
The Restatement explains that " he present trend is to see [a plaintiff's] claim in factual terms and to make it coterminous with the transaction regardless of the number of substantive theories, or variant forms of relief flowing from those theories, that may be available to the plaintiff." Id. § 24 at cmt. a.
The plaintiff in ElGabri contended that the defendants sabotaged his attempt to obtain staff privileges at certain local hospitals. ElGabri, 681 A.2d at 273. He filed a complaint in Superior Court alleging, "inter alia, libel, slander, emotional distress, and tortious interference with prospective business relations." Id. The plaintiff later amended the complaint to include violations of state antitrust law. Id. While the state action was pending, the plaintiff filed an action in the United States District Court for the District of Rhode Island, alleging tortious interference with prospective business relations and violations of federal and state antitrust laws. Id. at 274. The federal suit was reached for trial first, and the jury returned verdicts for the defendants. Id. Subsequently, a justice of the Superior Court granted summary judgment in favor of the defendants, holding that al
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