Claim Preclusion and the Problem of Fictional Consent

* Assistant Professor, University of Georgia School of Law. I would like to thank Christopher Bradley, Elizabeth Chamblee Burch, Nathan Chapman, Kevin Clermont, Pamela Foohey, and Elizabeth Weeks for helpful conversations and edits during the development of this project. I also appreciate the fruitful contributions made by participants at the Southeastern Junior-Senior Faculty Workshop, the National Business Scholars’ Conference, and the Civil Procedure Workshop. Any errors or omissions are my own.