| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 07-371 | D.C. Cir. | Apr 16, 2008 | Jun 12, 2008 | 9-0 | Ginsburg | OT 2007 |
Holding: (1) The theory of preclusion by "virtual representation" is disapproved; the preclusive effects of a judgment in a federal-question case decided by a federal court should instead be determined according to the established grounds for nonparty preclusion; and (2) the case is remanded to allow the courts below the opportunity to determine whether the fifth ground for nonparty preclusion — preclusion because a nonparty to earlier litigation has brought suit as an agent of a party bound by the prior adjudication — applies to Brent Taylor's suit. But courts should be cautious about finding preclusion on the basis of agency.
Judgment: Vacated and remanded, 9-0, in an opinion by Justice Ruth Bader Ginsburg on June 12, 2008.
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