CIVIL PROCEDURE CLASS 40.ppt

CIVIL PROCEDURE CLASS 40 Professor Fischer Columbus School of Law The Catholic University of America Nov. 28 2005 ELEMENTS OF CLAIM PRECLUSION 1. Prior suit that proceeded to a final valid judgment on the merits 2. Present suit arises out of same claim as the prior suit 3. Same claimant against the same defendant (or litigants in privity with them) CONTRASTING RES JUDICATA WITH JOINDER Why does Glannon describe res judicata as a myrmidon? Contrast the rules for res judicata with the joinder rules VARIETY OF PRECLUSION RULES Note that each state system has its own rules on preclusion Note also that there has been a general trend of increased preclusion WHAT IS THE SAME CLAIM? Federal courts generally employ a “transactional” approach to determining whether the claim in the first suit is the same as the claim in the second suit. Describe this “transactional” approach (See Restatement (2d) of Judgments s. 24 ALI RESTATEMENT (2d) OF JUDGMENTS Most influential modern claim preclusion test §24(1) “…the claim extinguished includes all rights of the plaintiff to remedies against the D with respect to all or any part of the transaction, or series of connected transactions, out of which the action arose.” TRANSACTION/OCCURRENCE TEST BARS…. Not only claims that were brought in the original action but also claims that were available to the plaintiff in the first suit if they arose out of the underlying transaction/occurrence that gave rise to the first suit Note that this is a more narrow approach than the joinder rules (see R. 18) OTHER MINORITY APPROACHES To determining what is the same claim 1. Same evidence test 2. Same right test (also called primary rights theory) CLAIM SPLITTING CLAIM PRECLUSION HYPO Jeremy’s car is damaged in a collision with Marie’s car. Jeremy sues Marie in negligence for damage to the right fender of his car. The claim is dismissed on Marie’s motion for summary judgment. Can Jeremy then sue Marie for damage to the left fender of his