Allen v. Moyer

I concur with the majority's analysis on the applicability of claim preclusion to small claims judgments. On grounds of fairness and equity, however, I would apply the rule announced today only prospectively.

121 First, the rationale we apply today was not a foregone conclusion to anyone reviewing our holding in Faux v. Mickelsen, in which we observed the following:

The general purpose ... of the [Small Claims] Act is to dispose of minor money disputes by dispensing speedy justice between the parties.... Faux and Nacey's counterclaim consisted of several causes of action and alleged damages in…