Introduction
Imagine you file a lawsuit for injuries from a car accident, but after losing the case you discover new evidence or another angle to pursue. Can you sue again? In most cases, the answer is no, because of legal doctrines that prevent re-litigation of matters that have been decided. These doctrines have traditionally been known as res judicata (which bars re-litigating the same claim) and collateral estoppel (which bars re-litigating the same issue). In Oregon, courts now refer to these principles as claim preclusion and issue preclusion, respectively[^1].
This article explains what claim preclusion and issue preclusion mean in Oregon civil litigation – especially in personal injury cases – and how the Oregon Supreme Court’s decisions (notably Nelson v. Emerald People’s Utility District, 318 Or. 99, 862 P.2d 1293 (1993)) have shaped the law. We will define each doctrine, explore Oregon’s shift in terminology, and give practical examples of how they work in personal injury scenarios.
From “Res Judicata” and “Collateral Estoppel” to Modern Terms
For decades, Oregon lawyers used the Latin terms: “res judicata” broadly meant that a final judgment could prevent the same parties from revisiting the claim in a new lawsuit, and “collateral estoppel” meant a final decision on a factual or legal issue could not be contested again in a later suit[^1]. In 1980, the Restatement (Second) of Judgments introduced the clearer terms “claim preclusion” and “issue preclusion.” The Oregon Supreme Court adopted them in the late 1980s[^1].
In simple terms: - Claim preclusion (formerly res judicata) stops a party from suing on the same underlying claim twice. - Issue preclusion (formerly collateral estoppel) stops a party from re-arguing an issue already decided.
Claim Preclusion (Res Judicata) in Oregon
Claim preclusion prohibits a party from re-litigating a claim that has already been resolved, or from bringing a new legal claim arising from the same factual transaction that could have been joined in the first action.
The Oregon Supreme Court has stated that a “cause of action” is:
“An aggregate of operative facts which compose a single occasion for judicial relief.”
Three Basic Requirements
For claim preclusion to apply: 1. Final Judgment on the Merits: A final, substantive judgment from a court with jurisdiction. 2. Same Parties or Privies: The same parties or those closely related. 3. Same Claim (Same Factual Transaction): Based on the same set of facts or transaction.
Oregon uses a transactional approach – meaning if claims arise from the same event (e.g., a car crash), they must be joined in a single lawsuit.
Example: No Splitting of Injury and Property Damage
In Peterson v. Temple, 323 Or. 322, 918 P.2d 413 (1996), the plaintiff sued for vehicle damage from a crash, then later tried to sue for personal injuries from the same crash. The Oregon Supreme Court barred the second suit, finding both claims arose from the same event and should have been brought together.
Exceptions
Exceptions are rare. A common one is if the first court lacked jurisdiction over the second claim. For example, if federal court declined to hear your Oregon state-law claim, you may be able to bring it in state court (Clemente v. State of Oregon, 227 Or. App. 434, 206 P.3d 249 (2009)).
Issue Preclusion (Collateral Estoppel) in Oregon
Issue preclusion prevents re-litigation of a specific issue of fact or law that has already been decided in a previous case.
Five-Part Test from Nelson v. Emerald PUD
In Nelson, 318 Or. 99 (1993), the Oregon Supreme Court identified these requirements for issue preclusion:
- Identical Issue – Same issue in both proceedings.
- Actually Litigated and Essential – The issue was litigated and necessary to the judgment.
- Full and Fair Opportunity – The party had the chance to litigate it.
- Same Party or Privity – The party bound was involved in the first case.
- Preclusive Forum – The prior tribunal's procedures were formal and fair.
Example: Employer Not Liable After Employee Found Not Negligent
If you sue a delivery driver and a jury finds them not negligent, you cannot sue the employer afterward for the same incident, because the key issue (negligence) has already been decided.
Administrative Proceedings
Oregon courts may give preclusive effect to certain administrative rulings (like contested Workers’ Compensation hearings), but not always. In Nelson, the court held that an unemployment hearing did not preclude the employer from contesting facts in a later civil suit, because the standards and issues were different.
Practical Takeaways for Injury Litigants
- Bring all claims in one action – Don't split injury and property damage into separate cases.
- Understand the finality – You don’t get a second chance to bring claims or re-litigate issues.
- Exceptions exist but are narrow – Only apply in specific situations like jurisdictional defects.
- New defendants can use old judgments – Even someone not in the first case may assert issue preclusion if the issue was decided.
- Be cautious with administrative rulings – Not all carry over, and their impact depends on context.
Conclusion
Oregon’s doctrines of claim preclusion and issue preclusion prevent endless litigation and ensure finality. The Oregon Supreme Court’s decision in Nelson v. Emerald People’s Utility District and other cases have shaped these principles into powerful tools in personal injury and other civil litigation.
Sources: - Nelson v. Emerald People’s Utility Dist., 318 Or. 99, 862 P.2d 1293 (1993). - Peterson v. Temple, 323 Or. 322, 918 P.2d 413 (1996). - Bloomfield v. Weakland, 339 Or. 504, 123 P.3d 275 (2005). - North Clackamas Sch. Dist. v. White, 305 Or. 48, 750 P.2d 485 (1988). - Clemente v. State of Oregon, 227 Or. App. 434, 206 P.3d 249 (2009). - State Farm Fire & Cas. Co. v. Reuter, 299 Or. 155, 700 P.2d 236 (1985). - ORS 43.130 (statutory codification of claim preclusion). - Restatement (Second) of Judgments §§ 24–27 (1982).
