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Flashcards in Discovery: Appeals and Preclusion Deck (28)
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1
Q

what are the characteristics of claim preclusion?

A

a matter has been adjudicated by a competent court, and may not be pursued further by same parties. applies to arguments not made in any prior lawsuit (merger and bar)

2
Q

what type of method is claim preclusion?

A

one bit of the apple method (you only get one chance to sue and must ask for all of the relief and claims possible or you lose out)

3
Q

what is collateral estoppel?

A

when two suits involve a new cause of action

4
Q

what are the two effects of claim preclusion?

A

1) prevents relitigating same claim

2) prevents bringing up parts of claims that should have been advanced the first time

5
Q

What are the fairness factors of nonmutual offensive estoppel?

A

1) full and fair opportunity
2 )D could foresee multiple suits
3) D could not have joined easily in case 1
4) no inconsistent judgements

6
Q

what is the minority view of claim preclusion?

A

1) primary rights

2) bodily protections v property damages

7
Q

in fed ct when can you appeal?

A

not until final judgement is entered

8
Q

what are the 5 elements for there to be issue preclusion?

A

1) both cases brought by the same claimant against the same respondent (same parties, same configuration)
2) particular issue was ACTUALLY LITIGATED AND DETERMINED in case 1 (default judgement not enough)
3) issue was essential to case 1 (without specific finding on the specific issue in case 1, court would not reach same result)
4) AGAINST WHOM is the collateral estoppel being used? (can only use against someone who was a party to case 1 or someone who is in privity with a party to someone in case 1)
5) BY WHOM is issue preclusion used? (mutuality)

9
Q

what is a final judgement?

A

a decision on the merits of a case

10
Q

if the plaintiff allege all claims arising in an action, what does that prevent?

A

1) multiplicity of suits (saves judicial resources)
2) burdensome expense
3) delays to plaintiff’s recovery
4) actions brought without grounds against D

11
Q

what is the general rule of nonmutual offensive estoppel?

A

in cases where a P could easily have joined a D or where that D may be unfairly prejudiced, A TRIAL JUDGE SHOULD NOT ALLOW THE USE OF COLLATERAL ESTOPPEL

12
Q

when is there no collateral estoppel?

A

if an issue is not essential to judgement

13
Q

what is bar?

A

same but opposite of merger

14
Q

who is nonmutual offensive estoppel (park lane) used by?

A

the plaintiff

15
Q

rules for interlocutory appeals as a matter of right (rare and disfavorable)

A

1) if trial judge certifies that here is a controlling question of law and the court of appeals agrees, then parties can appeal
2) determination of orders certifying denying class action status
3) determination of whether sovereign immunity applies

16
Q

what is the majority view of claim preclusion?

A

1) federal law is transactional even where a series of transactions are involved
2) focuses on the particular being asserted Case 1 = damages, case 2 = personal injury (same occasion, 2 claims involved)

17
Q

what does issue preclusion do?

A

prevents a subsequent or second suit on the same issue between the same parties

18
Q

how to use nonmetal defensive collateral estoppal (Bernhard) in determining the validity of res judicator?

A

1) was the issue decided in the prior adjudication identical with the one presented in the action in question?
2) was there a final judgement on the merits?
3) was the party against whom the plea is asserted a party or in privity with a party to the prior adjudication

19
Q

what is a merger?

A

plaintiff sues on claim, wins and claim merges into judgement. (sue for negligence, win judgement, negligence merges into the claim that he was negligent into another case)

20
Q

what are the 3 elements to check for to have claim preclusion?

A

1) both cases brought by same claimant against the same respondent (same parties, same configuration)
2 )case 1 MUST have ended in a final judgement on the merits (any judgment in favor of the claimant is on the merits (includes default judgments)
3) CASE 1 AND CASE 2 ASSERTED THE SAME CLAIM

21
Q

what does nonmutual offensive estoppel do?

A

increases number of lawsuits as the plaintiff will wait to see which claims succeed against different def and causes unfairness to the D

22
Q

what did Rush v. city of maple heights bring to the table? (preclusion)

A

a single tort can but be the the basis of one action, plaintiffs MUST allege all claims arising

23
Q

issue preclusion aka

A

collateral estoppel

24
Q

rules of appeals and preclusion

A

1) if a party litigates only one part of a claim, they’ve waived the change to litigate the rest
2) only ONE chance to litigate a factual or legal issue
3) party is entitled to one “full and fair chance to litigate before having claim/issue barred”
4) preclusion may be waived unless it is

25
Q

when does issue preclusion apply?

A

only to matters argued and decided at an earlier lawsuit.

26
Q

claim preclusion aka

A

res judicata

27
Q

what is privity?

A

successor in interest; rep for class action; contractually in privity; someone treated as legally icing in the exact same posture (because of due process)

28
Q

what is direct estoppel?

A

when two suits involve the same cause of action