Supreme Court of Colorado

Scott E. Foster v. John E. Plock

May 15, 2017394 P.3d 1119

Summary

The court held that mutuality remains a required element of defensive claim preclusion in Colorado. It concluded that the defendant was in privity with a party to the prior action and that the prior judgment, subject matter, and claims involved satisfied the remaining elements of claim preclusion. The court therefore affirmed the court of appeals on different grounds.