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Defenses – Claim Preclusion, Generally

State ex rel Kim J. Barksdale v. Litscher, 2004 WI App 130


¶13. Barksdale next argues that, even if the circuit court properly allowed the warden to raise claim preclusion as a defense, the defense must fail because all of the elements for claim preclusion are not present. The burden of proving claim preclusion is upon the party asserting its applicability. Alexopoulos v. Dakouras, 48 Wis. 2d 32, 37, 179 N.W.2d 836 (1970). There are three requirements for claim preclusion to apply:

In order for the earlier proceedings to act as a claim-preclusive bar in relation to the present suit, the following factors must be present:  (1) an identity between the parties or their privies in the prior and present suits; (2) an identity between the causes of action in the two suits; and, (3) a final judgment on the merits in a court of competent jurisdiction.

Northern States Power Co., 189 Wis. 2d at 551


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