Civil procedure Flashcards
Claim preclusion (res judicata)
(1) same claimant suing the same defendant, or a claimant that was sufficiently in privity with a prior claimant such that their interest were previously represented, (2) valid, final judgment on the merits, and (3) same claim
Issue preclusion (collateral estoppel)
(1) same issue, (2) actually litigated and determined by final judgment, (3) issue was essential to the judgment in previous case, (4) being asserted against someone was a party in the previous case
- Every court agrees that issue preclusion can be used by someone who was a party (or in privity) to the previous case
- When someone who was not a party to the previous case try’s to use issue preclusion, it is called non-mutual collateral estoppel. Issues with this (see other flash card).
Non mutual defensive collateral estoppel
The person using preclusion was not a party to the previous case and is the defendant in the current case. This is OK as long as the plaintiff had a chance to litigate in the previous case.
Non mutual offensive collateral estoppel
The person using preclusion was not party in the previous case and is the plaintiff in the in the current case.
Generally not allowed. Court may allow it based on these fairness factors:
(1) the party to be bound had a full and fair opportunity to litigate in the previous case,
(2) party to be bound had strong incentive to litigate in previous case,
(3) party asserting issue preclusion could have easily joined the previous case, and/or
(4) There have been no inconsistent findings on the issue
Requirements for a preliminary injunction
Harmful error
Analyze burdens to both parties
Likelihood of success on merits
Public interst
JMOL standard
Court must find that a reasonable jury would not have a legally sufficient basis to find for the party on the issue. Court must view evidence in light most favorable to nonmovant.
New trial based on juror bias or misconduct
Serious error during trial (same as general MFNT); look for bias and bad faith
