MacRis & Associates, Inc., Plaintiff and Respondent v. Neways, Inc., Thomas E. Mower, and Leslie D. Mower…

Summary

On certiorari, the Utah Supreme Court affirmed the court of appeals' determination that Macris's fraudulent transfer, successor liability, and alter ego claims against Neways are not barred by the claim preclusion branch of res judicata, adopting the rule that a plaintiff need only include claims in a first action if they arose before the complaint there was filed. The court nevertheless held that Macris is barred by issue preclusion (collateral estoppel) from pursuing additional contract damages accruing after Images transferred its assets to Neways, because the damages issue was necessarily decided in the first action and Macris had a full and fair opportunity to litigate it. The court elected to decide the issue preclusion question itself rather than remand to the court of appeals.