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James v. Paul

James v. Paul. James v. Paul – Relationships. Who’s involved Danny James Boyfriend – Stabbing Victim Robert Paul Angry Husband – Stabber State Farm Liability Insurer for Paul State of Missouri Prosecuting authority. Events & Alleged Liability. James. Paul. Owes Damages.

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James v. Paul

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  1. Jamesv.Paul

  2. James v. Paul – Relationships • Who’s involved • Danny James • Boyfriend – Stabbing Victim • Robert Paul • Angry Husband – Stabber • State Farm • Liability Insurer for Paul • State of Missouri • Prosecuting authority

  3. Events & Alleged Liability James Paul Owes Damages What Does Obligation Depend On? Stabs Whether stabbing was intentional willful or malicious? Owes Def & Indemnity Wrote Liability Policy State Farm

  4. Case I (Previous Proceeding) • Who are the Parties • Defendant • Paul • Plaintiff • State of Missouri • Non-Parties • State Farm • James • What’s Missouri’s Theory • Charge Against Paul • 1st Degree Assault • Elements of Charge • Stabbing itself • Knowingly causing or intending to cause serious injury • What Happened in Case I? • Paul pled guilty • Plea hearing was held • Trial Court found: • Plea was voluntary • Factual basis for plea existed • Sentence • 5 years on probation What does this mean?

  5. Case II (Current Proceeding) • Who are the Parties • Plaintiff • James • Defendant • Paul • Non-Parties • State Farm • What Is James’ Theory? • Paul’s actions were • Negligent • Paul’s actions were not • Intentional, willful, or malicious • Because Paul was • Incapacitated • Why did James adopt this theory? • What position did State Farm take during this proceeding? • Refused to defend. • What did Paul & James do? • Paul agreed to • To pay $3.5K • To present no evidence • To possibly pay $21.5K more • James agreed to • execute only against State Farm policy What did Trial Court do? Made findings James wanted.

  6. The Garnishment Proceeding • Explain the garnishment proceeding • What is James claiming? • Who is he claiming it against? • What is the source of his claim? • Whose rights is he asserting? • What is the crucial question that will need to be resolved if the case is heard on the merits?

  7. James v. Paul (Garnishment of State Farm) Have the elements of collateral estoppel been met in this case? • Identical issue • What is the issue on which preclusion is asserted? • What was decided in previous case? • Compare King. • Judgment on the merits • Determination of who was right, rather than being decided by default or on a technical basis or without a trial or hearing • Necessarily and unambiguously decided • Rest 2d & “Actually Litigated” • Was James a party or in privity with a party in earlier case? • What does privity mean? • What are the “dangers” in a “formalistic” definition of privity? • What function does privity requirement serve? • Is the function met here? • Full & Fair Opportunity to be Heard? • Inequity?

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