Taylor v. Sturgell
553 U.S. 880 (2008)
I. Issue
Whether there is a "virtual representation" exception to the general rule against precluding nonparties.
II. Fact
The courts below held the instant FOIA (The Freedom of Information Act) suit barred by the judgment in earlier litigation seeking the same records. The first suit was filed by Greg Herrick. He filed a FOIA request asking the Federal Aviation Administration (FAA) for copies of any technical documents about the F-45 contained in the agency's records. The FAA denied his request upon finding that the documents are confidential according to 5 U.S.C. §552(b)(4). The District Court granted summary judgment to the FAA. The Tenth Circuit affirmed. Brent Taylor, a friend of Herrick's, submitted a FOIA request seeking the same documents Herrick sued to obtain. When the FAA failed to respond, Taylor filed a complaint in the U.S. District Court for the District of Columbia. Taylor raised two issues that Herrick had failed to raise in his appeal. The District Court concluded that Taylor's suit was barred by claim preclusion; it granted summary judgment to Fairchild and the FAA, reasoning that both of the necessary conditions for virtual representation met.
III. Reasoning
A litigant is not bound by a judgment to which she was not a party. Nonparty preclusion has the limitations based on adequate representation. Stare decisis will allow courts swiftly to dispose of repetitive suits brought in the same circuit. The human tendency not to waste money will deter the bringing of suits based on claims or issues that have already been adversely determined against others. Taylor is not Herrick's legal representative and he has not purported to sue in a representative capacity. However, preclusion would be appropriate if respondents could demonstrate that he is acting as Herrick's undisclosed agent.
IV. Holding
We remand to give the courts below an opportunity to determine whether Taylor, in pursuing the instant FOIA suit, is acting as Herrick's agent.
II. Fact
The courts below held the instant FOIA (The Freedom of Information Act) suit barred by the judgment in earlier litigation seeking the same records. The first suit was filed by Greg Herrick. He filed a FOIA request asking the Federal Aviation Administration (FAA) for copies of any technical documents about the F-45 contained in the agency's records. The FAA denied his request upon finding that the documents are confidential according to 5 U.S.C. §552(b)(4). The District Court granted summary judgment to the FAA. The Tenth Circuit affirmed. Brent Taylor, a friend of Herrick's, submitted a FOIA request seeking the same documents Herrick sued to obtain. When the FAA failed to respond, Taylor filed a complaint in the U.S. District Court for the District of Columbia. Taylor raised two issues that Herrick had failed to raise in his appeal. The District Court concluded that Taylor's suit was barred by claim preclusion; it granted summary judgment to Fairchild and the FAA, reasoning that both of the necessary conditions for virtual representation met.
III. Reasoning
A litigant is not bound by a judgment to which she was not a party. Nonparty preclusion has the limitations based on adequate representation. Stare decisis will allow courts swiftly to dispose of repetitive suits brought in the same circuit. The human tendency not to waste money will deter the bringing of suits based on claims or issues that have already been adversely determined against others. Taylor is not Herrick's legal representative and he has not purported to sue in a representative capacity. However, preclusion would be appropriate if respondents could demonstrate that he is acting as Herrick's undisclosed agent.
IV. Holding
III. Reasoning
A litigant is not bound by a judgment to which she was not a party. Nonparty preclusion has the limitations based on adequate representation. Stare decisis will allow courts swiftly to dispose of repetitive suits brought in the same circuit. The human tendency not to waste money will deter the bringing of suits based on claims or issues that have already been adversely determined against others. Taylor is not Herrick's legal representative and he has not purported to sue in a representative capacity. However, preclusion would be appropriate if respondents could demonstrate that he is acting as Herrick's undisclosed agent.
IV. Holding
We remand to give the courts below an opportunity to determine whether Taylor, in pursuing the instant FOIA suit, is acting as Herrick's agent.
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