Repose

Question 1

For claim preclusion element 1

Answer 1

prior suit that proceeded to a final judgment on the merits

Question 2

Claim preclusion requirement 2

Answer 2

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

Question 3

Claim preclusion requirement 3

Answer 3

parties in the suit the same, or in privity

Question 4

No preclusion if ___

Answer 4

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

Question 5

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

Answer 5

adjudication on the merits

Question 6

Whether dismissal due to SoL is on the merits ___

Answer 6

varies from state to state

Question 7

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

Answer 7

federal law, state law

Question 8

Semtek holding

Answer 8

In diversity cases, Erie points to using state preclusion rules

Question 9

Why state preclusion rules in Semtek

Answer 9

Hanna test shows not unavoidable collision

Question 10

Two theories for same claim

Answer 10

transaction/primary rights

Question 11

You ___ claims that should have brought

Answer 11

can preclude

Question 12

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

Answer 12

all, all if supplemental, multiple suits in multiple fora

Question 13

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

Answer 13

can seek, technically could not have been brought

Question 14

In parallel proceedings, the _____ will preclude the others

Answer 14

first case with judgment

Question 15

____ can be reserved from state court but must __

Answer 15

Federal claims, notify

Question 16

Car Carriers rule

Answer 16

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

Question 17

Car Carriers holdign

Answer 17

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

Question 18

Car Carriers reason 1

Answer 18

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

Question 19

Car Carriers reason 2

Answer 19

reject primary rights test (maybe would’ve allowed)

Question 20

Car Carriers reason 3

Answer 20

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

Question 21

Transaction test for preclusion requires lots of ___

Answer 21

pleading in the alternative

Question 22

Federal rule about relief from a judgment

Answer 22

60

Question 23

60 is about

Answer 23

relief from a judgment

Question 24

Rule 60 does not mean a ___ and is ___

Answer 24

new case, up to discretion of the court

Question 25

Same transaction test ____ than primary rights

Answer 25

precludes more

Question 26

If district court declines supplemental jdx, ___

Answer 26

state claims not precluded

Question 27

If court says no jdx, couldn't __

Answer 27

bring claims even though tried (no preclusion)

Question 28

B2 is preclusive in __

Answer 28

5th circuit

Question 29

Reasons against making B2 preclusive

Answer 29

no notice, due process issue

Question 30

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

Answer 30

agree to bound

Question 31

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

Answer 31

substantive legal relationships

Question 32

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

Answer 32

adequately represented

Question 33

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

Answer 33

person controlled the prior litigation

Question 34

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

Answer 34

person designated rep of party in prior litigatio

Question 35

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

Answer 35

bankruptcy

Question 36

Taylor holding

Answer 36

no privity, no precluded

Question 37

Taylor reason 1

Answer 37

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

Question 38

Taylor reason 2

Answer 38

None of 6 exceptions apply

Question 39

Taylor reason 3

Answer 39

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

Question 40

Issue preclusion applies only to

Answer 40

issues actually litigated and resolved

Question 41

Issue preclusion requires (4)

Answer 41

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

Question 42

Essential to the judgment means

Answer 42

essential to underlying case, not just decision at hand

Question 43

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

Answer 43

not issue preclusion

Question 44

Jarocz takeaway

Answer 44

must be essential to overall judgment for issue preclusion

Question 45

Jaroscz holding

Answer 45

no issue preclusion because not essential

Question 46

other factors in Jaroscz

Answer 46

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

Question 47

Nonmutual preclusion is when

Answer 47

claim/issue precluded with a nonparty to the intitial litigation

Question 48

Main issue in nonmutual preclusion

Answer 48

due process

Question 49

Parklane is about

Answer 49

offensive nonmutual preclusion

Question 50

Parklane rule

Answer 50

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

Question 51

Parklane reason 1

Answer 51

TC should have discretion in deciding if offensive nonmutual preclusion okay

Question 52

problems with offensive nonmutual preclusion

Answer 52

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

Question 53

Parklane reason 2

Answer 53

couldn't have joined SEC action and filed before them

Question 54

Parklane reason 3

Answer 54

Parklane every reason to litigate fully against SEC

Question 55

Nonmutual preclusion __ in Fed Court, states ___

Answer 55

is available, have own common law

Question 56

Nonmutual preclusion in diversity causes __

Answer 56

Erie problem

Question 57

For nonmutual preclusion ___, where lawyering happens

Answer 57

need all 4 things or just some

Question 58

4 considerations for nonmutual preclusion

Answer 58

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

Question 59

Parklane holds don't care if one action ___

Answer 59

decided by jury and one by judge

Question 60

Parklane dissent critique

Answer 60

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

Question 61

Martin rule

Answer 61

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

Question 62

Martin holding

Answer 62

white FF claims not precluded since not parties to consent decree

Question 63

Martin reason

Answer 63

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

Question 64

Martin dissent

Answer 64

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

Question 65

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

Answer 65

Hansberry analysis to see if absent members are bound

Question 66

Mendoza holding

Answer 66

nonmutual issue preclusion ordinarily not availabel against the Fed govt