Thurs. Nov. 29

1. Thurs. Nov. 29

2. preclusive effect(res judicata)

3. claim preclusion

4. there must be: a final judgment

5. prior action pendingclaim splitting

6. the judgment must be:valid

7. the judgment must be:on the merits

8. defense preclusion

9. - P sues D for nuisance in state court- P gets an injunction- D then brings suit against P in federal court for an injunction against the state court ordering it to not enforce the first injunction

10. - P sues D - Gets judgment for $100,000- Court executes judgment- D sues P to get restitution of amount paid

11. - P sues D for breaching a contract requiring D to give P coal every winter- In the suit D challenges the validity of the contract - The court determines the contract to be validP wins damages from D- The next winter, D breaches again- P once again sues D for breach- Is P claim precluded?- D once again challenges the validity of the contract- Anything P can do?

12. issue preclusion

13. scope of a claim

14. Williamson v. Columbia Gas & Electric(3d Cir 1950)

15. Rest. (2d) of Judgments§ 24. Dimensions Of “Claim” For Purposes Of Merger Or Bar—General Rule Concerning “Splitting”(1) When a valid and final judgment rendered in an action extinguishes the plaintiff's claim pursuant to the rules of merger or bar the claim extinguished includes all rights of the plaintiff to remedies against the defendant with respect to all or any part of the transaction, or series of connected transactions, out of which the action arose.(2) What factual grouping constitutes a “transaction”, and what groupings constitute a “series”, are to be determined pragmatically, giving weight to such considerations as whether the facts are related in time, space, origin, or motivation, whether they form a convenient trial unit, and whether their treatment as a unit conforms to the parties' expectations or business understanding or usage.

16. P sues D Railroad alleging that the conductor was negligent in starting the car while P was disembarking and that as a result P broke his arm. After judgment for P, P brings a new action against D alleging that after disembarking from the car he fell into a trench negligently left by D beside the road and broke his leg.

17. P and D have 2-year oral lease under which P rents D an apartment. D is in the apartment for a while and does not pay. P sues under the lease in NY state court in 1955. The court holds that the lease is invalid because of the statute of frauds. P sues again in NY state court in 1956 to get the fair value of the apartment during the time that D lived in it. Barred by claim preclusion?

18. P’s landlord sets up a rendering plan next to P’s apartment building.  The smell is so bad that P moves out of his apartment and sues for a declaratory judgment in New York state court that he does not have to pay the rent because of constructive eviction. P loses. P subsequently brings a simple nuisance action against D in NY state court. Barred by claim preclusion (assume that the cases occurred in 1982)?

19. Sutcliffe Storage & Warehouse Co. v. U.S.(1st Cir. 1947)

20. Commercial Box & Lumber Co. Uniroyal Inc.(5th Cir. 1980)

21. P sues D for breach of a contract, alleging that the car P bought did not meet specifications. After judgment for D, P sues D, for breach of contract, alleging late delivery of car as the breach.