Professor Glenn Koppel recently published The Case for Nonmutual Privity in Vicarious Liability Relationships: Pushing the Frontiers of the Law of Claim Preclusion in the Winter 2017 issue of the Campbell Law Review. The article addresses an evolving area of preclusion law: nonmutual claim preclusion and the related issue of privity between parties to a vicarious liability relationship. This corner of preclusion law became the subject of a controversial sample multiple choice question published in 2014 by the National Committee of Bar Examiners. Scholarly commentary on the Civil Procedure listserve agreed that two out of the four choices were arguably correct, but presented an array of differing views as to the correct answer. The article presents a national survey of state and federal case law of claim and issue preclusion, and proposes that derivative liability relationships should be added to the recognized categories of substantive legal relationships commonly referred to as “privity “ to support the application of nonmutual claim preclusion, rather than the narrower concept of nonmutual issue preclusion.
Glenn Koppel Publishes in Campbell Law Review
