Respect for Judgements

Question 1

1) Frier v. City of Vandalia

Answer 1

1. Facts:
   i) P keeps parking his car in the street, and gets it repossessed, he sues in state court and loses and then sues in fed court, and loses as well.
   
   2. Holding:
      i) Claim preclusion operates to bar a cause of action where the second cause of action is based upon a common core of operative facts with the first.

Question 2

2) Semtek v. Lockheed

Answer 2

1. Facts:
   i) Tries to sue in Cal, lockheed removes the case to federal court, where they have the case dismissed for statute of limitations. P tries to sue in maryland where they are HQ, but the case is dismissed
   
   2. Holding:
      i) Existing federal law does not resolve whether dismissal in Fed court and since state law is at issue, there is no need for a uniform federal rule. To hold otherwise would encourage forum shopping and inequitable administration of laws,

Question 3

3) Ison v. thomas

Answer 3

1. Facts:
   i) Car accident, P sues the D for property Damage, 2 years later sues for personal injury, but his claim was precluded
   
   2. Holding:
      i) All claims against a single defendant arising out of the same transaction, or series of connected transactions, must be brought in a single action.

Question 4

1) Taylor v. Sturgell

Answer 4

1. Facts:
   i) P sues state to get plans to an antique aircraft and loses, then his friend does the same thing. State dismisses it for being the same party, P appeals, appellate rules in his favor
   
   2. Holding:
      i) A claim cannot be precluded if the previous litigant is a different party and there is no legal relationship between the current and past litigants.
      c. After a Final Judgement
      i. Questions

Question 5

1) Gargallo v. Merrill lynch

Answer 5

1. Facts:
   i) P gets his counterclaim for misuse of his funds dismissed with prejudice in state court for a discovery issue. Brings the case himself in fed court.
   
   2. Holding:
      i) An existing final judgment rendered upon the merits is conclusive, in all other actions in the same or any other judicial tribunal of concurrent jurisdiction.

Question 6

1) Illinois Central Gulf RR v. Parks

Answer 6

1. Facts:
   i) P wife sues and wins for personal injury against the RR, later the P sues for loss on the consortium, D tries to have it dismissed for being the same issue. Pers Inj that was actually litigated and determined is a different from pers inj. 2. Holding:
   i) Issue preclusion allows the judgment in the prior action to operate as an estoppel as to those facts or questions actually litigated and determined in the prior action.

Question 7

1) Parklane Hosiery Co. v. Shore

Answer 7

1. Facts:
   i) Differnet P sues the same company alleging a statement made was misleading they lost, the p here sought partial summary judgement arguing the D can’t litigate the same issue twice, when another case already said the same thing.
   
   2. Holding:
      i) A litigant who was not a party to a prior judgment may nonetheless use that judgment offensively to prevent a defendant from relitigating issues resolved in the earlier proceeding, provided that (1) the plaintiff could not easily have joined in the earlier action and (2) use of the judgment will not result in unfairness to the defendant.