Preclusion

This is called res judicata or claim preclusion ("'Res judicata'" is the traditional name going back centuries; the name shifted to "claim preclusion" in the United States over the late 20th century).

It’s interested in the “defense preclusion” question, which stems from the companies’ next lawsuit.

Claim preclusion applies whether the plaintiff wins or loses the earlier case, even if the later case raises a different legal theory, even the second claim is unknown at the time of the first case.

Claim preclusion does not, however, prevent the refiling of a claim that was filed in a court that did not have personal jurisdiction over the defendant.

The economic loss rule which emerged in the 20th century would eliminate these losses if applied strictly, which has led to preclusion of the tort or an exception to allow the tort if not related to a contract.