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Wells Fargo Suit Shows Consumer Protection Limits In Mass.

Litigants do not get a second bite at the same apple — or, in the case of Wells Fargo Bank NA v. Coulsey, a third or fourth bite.

That is the underlying rationale for the doctrine of claim preclusion. For claim preclusion to apply and bar a litigant's claim in a second action, three elements must be met — there must be "(1) ... identity or privity of the parties to the present and prior actions; (2) identity of the cause of action; and (3) prior final judgment on the merits."

Read “Wells Fargo Suit Shows Consumer Protection Limits In Mass.” authored by David G. Thomas and Angela C. Bunnell, published by Law360. (subscription)