Former Adjudication (Res Judicata)

Question 1

When does claim preclusion apply?

Answer 1

If second law suit and first law suit was based on

1) same cause of action or
2) same action, conduct or occurrence
3) - same people
4) Judgment on the merits

Question 2

General Issues with Claim Preclusion

Answer 2

Only applies if

1) same cause of action or
2) same action, conduct, or occurrence
- If conduct is at a different time, then NOT SAME ACTION, CONDUCT OR OCCURRENCE
3) have to be same parties
4) has to be a judgment on the merits
- needs to be the same person

Question 3

Do husband and wife apply as one person or the same person?

Answer 3

NOOOOOOOOOOOO

• If husband brings up claim and wife brings a different one not claim preclusion
• HUSBAND AND WIFE ARE NOT THE SAME PERSON, DOES NOT APPLY TO CLAIM PRECLUSION

Question 4

How do the courts take the “same person” requirement in claim preclusion?

Answer 4

Very seriously

Question 5

Precluding the same parties

Answer 5

One is not bound by a judgment in litigation which they are not designated party or to which they were not made a party by service of process

Question 6

Exceptions to same parties rule

Answer 6

1) Agent by parties to be bound by prior actions
2) Pre-existing substantive legal relationships
3) Adequate Represenation by someone with the same interst who was the party
4) A party assuming control over prior litigation
5) a party who loses an individual suit then sues again as a representative of a class

Question 7

Privity

Answer 7

Person so identified in interest w/ another person that he represents the same legal right, and thus the person appearing in the law suit represents the legal interest of the other

Question 8

Relationships in Privity

Answer 8

1) Guradian sues someone on behalf of minor and wins, the minor is prevented from suing again
2) Trustee sues on behalf of beneficiary, the beneficiary is precluded from suing again
3) owner of property sues, and then sells their property- the new owner is in privity and thus is precluded
4) Agent/ Partnership

Question 9

Relationships not in privity

Answer 9

1) Agents and principals who do not have mutual/ successive interests to rights of property and thus have no privity
`
2) Husband and Wife

3) Members to the same club

Question 10

Can you do a 12(b)(6) for Claim preclusion?

Answer 10

NO

• In order to do 12b6 must only look to the pleading.
• For Claim Preclusion must look outside the claim, must do it under SJ, b/c have to look outside the claim

Question 11

Issue Preclusion

Answer 11

1) only precludes an issue w/ a claim
- Element of a claim that is actually litigated against the party
- Only thing that is ACTUALLY ADJUDICATED and REASON why judgment was entered

Question 12

Issue Preclusion elements

Answer 12

1) Same issue

2) Actually Adjudicated and Determined
- Burden on the Party bringing the preclusion claim
- has to clearly establish the issue that was essential to the verdict and actually litigated

3) Issue must be Essential to the Judgment

4) Against the Party
- if you lose once you cannot resue on the issue and try again

• ONLY AGAINST THE PARTY WHOM ISSUE PRECLUSION IS SOUGHT, MUST HAVE BEEN A PARTY TO THE EARLIER ACTION

Question 13

Does federal or state issue preclusion apply?

Answer 13

• Preclusion of the court that rendered the first judgment

- St or Fed preclusion law is applied based on which court issued the judgment that is alleged to have preclusive effect

Question 14

Who bears the burden of proof when asking for either claim or issue preclusion

Answer 14

The party asking for the preclusion bears the burden of proof!

Question 15

2 types of Issue Preclusion

Answer 15

1) Defensive
- D arguing the issue preclusion in the 2nd case

2) Offensive
- P arguing the issue preclusion in 2nd case

Question 16

Defensive Issue Preclusion

Answer 16

• D arguing the issue preclusion in the 2nd case

-

Question 17

Non Mutual Offensive Issue Preclusion

Answer 17

• P arguing issue preclusion in 2nd case
• A new P, not party to the first case, precluding D in a prior case is concerning for couple reasons
  1) P would wait and see what happens in the first case, and then decide whether or not to bring its lawsuit in the second case, the ct wants all of these issues to be adjudicated at once
  2) a total mismatch between incentives in the case
  3) Procedural opportunities might differ between the 2 cases and depriving the D of procedural opportunities might be cause for concern
• ct has problem with this

Question 18

Will dismissal of an issue have an issue preclusion effect?

Answer 18

No, because must actually be adjudicated

Question 19

Will summary judgment adjudicate issue preclusion?

Answer 19

SJ may adjudicate an issue and thus have preclusive effect

Question 20

Could newly discovered evidence be a basis for relief from a final judgment?

Answer 20

Yes

FRCP 60(b) GROUNDS FOR RELIEF FROM A FINAL JUDGMENT, ORDER, OR PROCEEDING

• newly discovered evidence is a basis for relief from a final judgment
• for certain extraordinary problems, court will give relief from a final judgment

Question 21

Example for judgments on the merits for claim preclusion

Answer 21

1) Settlement
2) default judgment
3) judgment on a jury verdict
4) SJ
5) JMOL

Question 22

Are preliminary dismissals considered judgments on the merits for claim preclusion?

Answer 22

NO

• Preliminary dismissals that do not reach the merits such as dismissal for lack of jurisdiction
  1) improper venue
  2) failure to join a party under rule 19

are not treated as judgments on the merits