Our practice opens in January 2027.

View Details →

Claim Preclusion and Issue Preclusion

·

By

ACL

The short answer

Claim preclusion (res judicata) bars relitigating a claim that was, or could have been, decided in an earlier case between the same parties. Issue preclusion (collateral estoppel) bars relitigating a specific issue that was actually decided before.

Where it fits in your case

It is raised as a defense, often in a section 2-619 motion, when a new suit follows an earlier one.

What to expect

  • Claim preclusion requires a final judgment on the merits, the same parties, and the same cause of action.

  • A transactional test. Illinois treats claims arising from the same facts as the same cause of action, even under different legal theories.

  • Issue preclusion can sometimes apply against a party even in a case with a different opponent.

What we need from you

Pleadings, orders, and judgments from any earlier case or arbitration involving the same dispute.

Common misconceptions

  • “A new legal theory is a new case.” Not if it arises from the same transaction.

  • “Only lawsuits count.” Arbitration awards can also be preclusive.

This resource provides general information about Illinois and federal law, not legal advice about your situation. Reading it does not create an attorney-client relationship. The right answer often depends on the specific facts, contract language, policy wording, and deadlines involved.

ALLISONCHOLAW / BUSINESS LITIGATION & COUNSEL

© 2026 Allison Cho Law LLC. All rights reserved.

Attorney Advertising | Privacy Policy | Disclaimer

© 2026 Allison Cho Law LLC. All rights reserved.

Attorney Advertising | Privacy Policy | Disclaimer