Taylor v. Sturgell
United States Supreme Court
553 U.S. 880 (2008)
Brent Taylor (plaintiff), an antique aircraft enthusiast, sought airplane engine plans from the FAA under the Freedom of Information Act after his friend Greg Herrick had already sought and been denied the same records in a separate suit against the FAA and Fairchild Corporation (defendants), which had asserted trade-secret protection. Represented by the same attorney as Herrick, Taylor filed a similar suit but raised an additional argument. The district court granted summary judgment against Taylor, and the D.C. Circuit affirmed on the theory that Taylor had been "virtually represented" by Herrick in the earlier suit; Taylor appealed.
Whether a nonparty to a prior lawsuit can be bound by that judgment under a common-law doctrine of "virtual representation," absent a recognized exception to the rule against nonparty preclusion.