Civil Procedure

Question 1

MSJ

Answer 1

Summary judgment must be granted if, from the pleadings, affidavits, and discovery materials, it appears that there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law.

Question 2

Claim Preclusion

Answer 2

For claim preclusion to apply, (I) there must have been a valid, final judgment on the merits, (ii) both parties must be the same (or be in privity with a party in the prior suit), and (iii) the new action must involve the same cause of action (I.e., must arise out of the same transaction or occurrence)

Question 3

Issue Preclusion

Answer 3

For issue preclusion to apply (I) the issues in both actions must be the same, (ii) there must have been a final judgment as to that issue, (iii) the party against whom collateral estoppel is asserted must have had a fair opportunity to be heard on the matter, and (iv) the posture of the case must be such that it would not be unfair or inequitable to apply collateral estoppel

*Judgments by settlement do not have issue preclusive effect because settlements typically do not contain admissions and do not involve an actual judgment on the issue.

Question 4

What is discoverable?

Answer 4

Generally, discovery may be had of any matter not privileged that is relevant to the claim or defense of any party, including the identity of persons having knowledge of relevant facts.

The costs of discovery and the needs of the case will also be considered.

Question 5

When is work product discoverable?

Answer 5

Only on the showing of substantial need and to avoid undue hardship in obtaining the material from other sources.

Question 6

What is work product?

Answer 6

Work done by lawyers and others prepared in anticipation of litigation.