Cold Springs Farm Development, Inc. v. Ball

The majority holds today that small claims judgments have no preclusive effect on future litigation. I dissent because this per se rule encourages needless relitigation, wastes resources of litigants and courts, was not addressed by either party, and will undoubtedly prove unfair in some cases. I concur with the majority that seller is not precluded from bringing this breach of contract claim on the ground that it did not pursue this as a counterclaim in small claims court. I would reverse the summary judgment on damages only.

Collateral estoppel, or issue preclusion, prevents a party from…