Foster v. Plock

Colorado Supreme Court May 2017 Summaries of Selected Opinions May 15, 2017 2017 CO 39. No. 16SC366. Foster v. Plock. Claim Preclusion—Issue Preclusion—Mutuality. In this case, the Supreme Court considered whether mutuality is a necessary element of defensive claim preclusion. Although multiple divisions of the Court of Appeals have concluded that mutuality need not be established for the defensive use of claim preclusion, the Court disagrees. Instead, the Court concluded that mutuality is a necessary element of defensive claim preclusion. The Court also concluded that mutuality existed in…