POSTED: Tuesday, April 26th, 2011 at 1:02 pm

BY: David Ziemer, david.ziemer@wislawjournal.com

Claim preclusion can bar a lawsuit between two parties who were both defendants in the prior action, even though no cross-claim was made.

POSTED: Thursday, April 21st, 2011 at 9:28 am

BY: WISCONSIN LAW JOURNAL STAFF

Civil Procedure Claim preclusion Where an affirmative defense in a prior action is the functional equivalent of a cross-claim, claim preclusion can be applied in a subsequent action between parties who were both defendants in the prior action. “AEGIS’s argument that none of the three elements of claim preclusion are met is based on the [...]