Download
1 / 12
120 likes | 270 Views
Exam survey results. Last chance for non-substantive exam questions . . . . Today’s Class. Claim preclusion: Between the same parties (“in privity ”). Searle. Final judgment. “On the merits”. Gargallos . The Four General Prerequisites for Claim Preclusion.
E N D
Exam survey results. • Last chance for non-substantive exam questions . . .
Today’s Class • Claim preclusion: • Between the same parties (“in privity”). Searle. • Final judgment. • “On the merits”. Gargallos.
The Four General Prerequisites for Claim Preclusion • There needs to be a final judgment; • The final judgment must be “on the merits”; • The “claims” must be the same in the first and second suits; and • The parties in the second action have to be the same as the parties in the first action.
HYPO Nicole is attacked. After the attack, Nicole is in very bad shape—barely able to communicate. Nicole sues O.J. for her personal injuries, claiming O.J. was the person who attacked her. A jury disagrees and returns a verdict for O.J. Nicole subsequently dies. Nicole’s heirs then file suit against O.J. for wrongful death. O.J. says the second case should be barred by the doctrine of res judicata. Is O.J. right?
The Four General Prerequisites for Claim Preclusion • There needs to be a final judgment; • The final judgment must be “on the merits”; • The “claims” must be the same in the first and second suits; and • The parties in the second action have to be the same as the parties in the first action.
HYPO Mick Jagger gets into a car accident with Tina Turner. Turner sues for damages to her person—a broken leg. Turner doesn’t get any satisfaction from the jury—the jury returns a verdict for Jagger. Turner appeals. While the appeal is pending, Turner files a subsequent lawsuit for the damage to her Lincoln Navigator. Is Turner’s second claim precluded?
The Four General Prerequisites for Claim Preclusion • There needs to be a final judgment; • The final judgment must be “on the merits”; • The “claims” must be the same in the first and second suits; and • The parties in the second action have to be the same as the parties in the first action.
HYPO Will Ferrell files a lawsuit against Mike Ditka for breach of contract. During discovery, Ditka requests relevant, unprivileged documents that Ferrell refuses to hand over. The district court dismisses Ferrell’s lawsuit because of Ferrell’s failure to comply with the district court’s discovery orders. Ferrell then tries to file the same lawsuit against Ditka. Should Ferrell’s second lawsuit be precluded?
HYPO Merrill Lynch sues Gargallo in state court for collection of a $17,000 debt. Gargallo counterclaims, alleging Merrill Lynch committed fraud under Ohio law. The state court dismissed Gargallo’s counterclaim because Gargallo failed to comply with the state court’s discovery orders. Gargallo then sues Merrill Lynch in federal district court for fraud (of the state law sort). What will happen to Gargallo’s lawsuit in federal court?
HYPO King Kong appeared on American Idol and began playing a harp and singing a love ballad about his true love, Ann Darrow. He got about 30 seconds into the song when Simon Cowell cut him off by saying: “I’ve heard enough.” Kong then dragged Simon to the top of the Empire State Building and while looking at the Air National Guard planes circling overhead roared, “This guy takes bribes.” Simon eventually escaped and spent a few weeks recuperating at his summer house on Skull Island. One day last July, Simon came back from a walk and found his pet dog, Fluffy, hanging from a tree with a sign that read: “My master takes bribes.” Simon had enough, so he sued Kong in New York state court for false imprisonment. However, the judge granted summary judgment for Kong. Simon then sued Kong again, this time for trespass and slander (when Kong said at the top of the building “This guy takes bribes.”) Simon filed the second lawsuit in federal court. Is it barred by claim preclusion?
