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FRCP > Repose > Flashcards

Repose Flashcards

1
Q

For claim preclusion element 1

A

prior suit that proceeded to a final judgment on the merits

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2
Q

Claim preclusion requirement 2

A

present suit arises out of the same claim as the prior suit

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3
Q

Claim preclusion requirement 3

A

parties in the suit the same, or in privity

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4
Q

No preclusion if ___

A

no jdx, fraud, collusion, clerical mistake, nonjoinder/misjoinder, venue

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5
Q

FRCP 41(b) presumptively treats dismissal for failure to comply with FRCP as __

A

adjudication on the merits

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6
Q

Whether dismissal due to SoL is on the merits ___

A

varies from state to state

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7
Q

Use ___ to determine preclusive effects of prior federal case and ___ to determine preclusive effects of prior state case

A

federal law, state law

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8
Q

Semtek holding

A

In diversity cases, Erie points to using state preclusion rules

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9
Q

Why state preclusion rules in Semtek

A

Hanna test shows not unavoidable collision

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10
Q

Two theories for same claim

A

transaction/primary rights

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11
Q

You ___ claims that should have brought

A

can preclude

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12
Q

If you have both state law and federal law claim, you must bring _____ in state court, ____ in federal if or bring ___

A

all, all if supplemental, multiple suits in multiple fora

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13
Q

23(b)(2) class that wins an injunction ____ money damages because ___

A

can seek, technically could not have been brought

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14
Q

In parallel proceedings, the _____ will preclude the others

A

first case with judgment

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15
Q

____ can be reserved from state court but must __

A

Federal claims, notify

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16
Q

Car Carriers rule

A

in deciding whether causes of action are identical under res judicata, court must decide if same core of facts

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17
Q

Car Carriers holdign

A

claim barred by res judicata because these are the same underlying facts regardless of different legal theory

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18
Q

Car Carriers reason 1

A

change in legal theory doesn’t create new CoA, courts right to assume P done legal homework

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19
Q

Car Carriers reason 2

A

reject primary rights test (maybe would’ve allowed)

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20
Q

Car Carriers reason 3

A

if not create incentive to be as ignorant as possible to avoid preclusion

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21
Q

Transaction test for preclusion requires lots of ___

A

pleading in the alternative

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22
Q

Federal rule about relief from a judgment

A

60

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23
Q

60 is about

A

relief from a judgment

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24
Q

Rule 60 does not mean a ___ and is ___

A

new case, up to discretion of the court

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25
Q

Same transaction test ____ than primary rights

A

precludes more

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26
Q

If district court declines supplemental jdx, ___

A

state claims not precluded

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27
Q

If court says no jdx, couldn’t __

A

bring claims even though tried (no preclusion)

28
Q

B2 is preclusive in __

A

5th circuit

29
Q

Reasons against making B2 preclusive

A

no notice, due process issue

30
Q

First exception to idea can’t be bound by judgment not party to

A

agree to bound

31
Q

2 exception to idea can’t be bound by judgment not party to

A

substantive legal relationships

32
Q

3 exception to idea can’t be bound by judgment not party to

A

adequately represented

33
Q

4` exception to idea can’t be bound by judgment not party to

A

person controlled the prior litigation

34
Q

5 exception to idea can’t be bound by judgment not party to

A

person designated rep of party in prior litigatio

35
Q

6 exception to idea can’t be bound by judgment not party to

A

bankruptcy

36
Q

Taylor holding

A

no privity, no precluded

37
Q

Taylor reason 1

A

general rule person not party didn’t have full and fair opp to litigate

38
Q

Taylor reason 2

A

None of 6 exceptions apply

39
Q

Taylor reason 3

A

virtual representation not valid, 6 not perfect but easier legal calls than if people good enough friends

40
Q

Issue preclusion applies only to

A

issues actually litigated and resolved

41
Q

Issue preclusion requires (4)

A

issue actually litigated, final judgment, essential to the judgment, same issue

42
Q

Essential to the judgment means

A

essential to underlying case, not just decision at hand

43
Q

When there is a general jury verdict not broken by issues there is ____

A

not issue preclusion

44
Q

Jarocz takeaway

A

must be essential to overall judgment for issue preclusion

45
Q

Jaroscz holding

A

no issue preclusion because not essential

46
Q

other factors in Jaroscz

A

did litigate (judge looked at and considered affidavit), prior judgment, same issue

47
Q

Nonmutual preclusion is when

A

claim/issue precluded with a nonparty to the intitial litigation

48
Q

Main issue in nonmutual preclusion

A

due process

49
Q

Parklane is about

A

offensive nonmutual preclusion

50
Q

Parklane rule

A

A nonparty in prior judgment may use that judgment offensively to prevent D from relitigating issues resolved in earlier proceeding provided that (1) P couldn’t easily join in earlier action (2) use won’t be unfair to D

51
Q

Parklane reason 1

A

TC should have discretion in deciding if offensive nonmutual preclusion okay

52
Q

problems with offensive nonmutual preclusion

A

could create inconsistent judgments OR P incentive to sit out 1st action and wait

53
Q

Parklane reason 2

A

couldn’t have joined SEC action and filed before them

54
Q

Parklane reason 3

A

Parklane every reason to litigate fully against SEC

55
Q

Nonmutual preclusion __ in Fed Court, states ___

A

is available, have own common law

56
Q

Nonmutual preclusion in diversity causes __

A

Erie problem

57
Q

For nonmutual preclusion ___, where lawyering happens

A

need all 4 things or just some

58
Q

4 considerations for nonmutual preclusion

A

could join 1st action, incentive to fully litigate, if discovery procedures as robust, train problem of inconsistency

59
Q

Parklane holds don’t care if one action ___

A

decided by jury and one by judge

60
Q

Parklane dissent critique

A

matters if one decided by jury, point of jury to get inconsistent judgment, depends on view of juries

61
Q

Martin rule

A

A judgment or decree only binding on the parties to a lawsuit and no impact on rights of non-party who was not joined, even if non-party had opportunity to intervene

62
Q

Martin holding

A

white FF claims not precluded since not parties to consent decree

63
Q

Martin reason

A

Parties know best who relief might affect, so burden on them to bring them in

64
Q

Martin dissent

A

if remain on sidelines, may be harmed practically even if rights are unaffected but bystander no right to appeal

65
Q

Under B2 whether precluded from seeking alternative or further injunctive relief, use ___

A

Hansberry analysis to see if absent members are bound

66
Q

Mendoza holding

A

nonmutual issue preclusion ordinarily not availabel against the Fed govt

67
Q
A

FRCP (18 decks)

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