Kent County Board of Education v. Bilbrough

RODOWSKY, Judge.

The issue here is whether respondent’s claims against petitioners are barred by claim preclusion because the same claims had previously been adjudicated adversely to the respondent. The question presented turns on the application to the facts in this case of the elusive concept, “claim,” as used in the law of claim preclusion.

Before stating the facts it seems helpful to review briefly the terms used for the concepts involved. The Supreme Court in Migra v. Warren City School District Board of Education, 465 U.S. 75, 77 n. 1, 104 S.Ct. 892, 894 n. 1, 79 L.Ed.2d 56, 59 n. 1…