Party understood that he was acting as a rep or the court minded non-party interests Notice of the first suit to the non-party Class Action, Trustee/beneficiary Non-party assumed control over lawsuit Colluding to relitigate by proxy Special Statutory scheme (bankruptcy, actions, litigation by US) in rem Preclusion Collateral Estoppel – Analysis Is there claim preclusion? – Prior judgment under diversity? (Semtek) Issue in 1st and 2nd case must be (1) actually litigated (Cromwell), (2) necessary to the judgment (Rios), and (3) a valid final judgment on the merits Is it necessary? Use the facts What are they trying to trial? What is needed to prove it? How does the precluded fact interact with this? Run the counter-factual Can it be appealed? Did the party being precluded win? (Rios) it fully litigated? Is it a final judgment on the merits? Must be a valid, final judgment on the merits Default judgment preclusive, NOT issue preclusive – decree judgment entered based on negotiations between parties – by administrative agency consider how – “court-like” proceeding is Alternative grounds for judgment? Some courts preclude all grounds counter-factual in isolation – Some courts preclude none counter-factual taken together – Some courts preclude leading ground Non-mutuality? SEE BELOW! – Non-Mutuality Offensive Non-Mutual Collateral Estoppel (Parklane) New precludes from relitigating previous issue Π Δ Could have easily joined previous action? Joinder/Fence Sitter Π Was there incentive for to litigate the issue? Δ prior inconsistent judgments? (Tmac likes this one) taking advantage of new procedural opportunities that were not Π available before? Defensive Non-Mutual Collateral Estoppel (Blondertongue) New precludes from relitigating a previous Δ Π Policy Non-parties can’t be forced to intervene (Martin white firefighters) – – Day in court ideal notice and opportunity – Hard to believe all effected parties will be aware Burden on present parties to implead those that they want bound Can’t burden someone that was a stranger to the previous lawsuit
Party understood that he was acting as a rep or the court minded non-party interests Notice of the first suit to the non-party Class Action, Trustee/beneficiary Non-party assumed control over lawsuit Colluding to relitigate by proxy Special Statutory scheme (bankruptcy, in rem actions, litigation by US) Preclusion – Collateral Estoppel Analysis – Is there claim preclusion? Prior judgment under diversity? (Semtek) Issue in 1st and 2nd case must be (1) actually litigated (Cromwell), (2) necessary to the judgment (Rios), and (3) a valid final judgment on the merits Is it necessary? Use the facts What are they trying to What is needed to prove it? How does the precluded fact interact with this? Run the counter-factual Can it be appealed? Did the party being precluded win? (Rios) it fully litigated? Is it a final judgment on the merits? Must be a valid, final judgment on the merits Default judgment – preclusive, NOT issue preclusive decree – judgment entered based on negotiations between parties by administrative agency – consider how “court-like” proceeding is Alternative grounds for judgment? Some courts preclude all grounds – counter-factual in isolation Some courts preclude none – counter-factual taken together Some courts preclude leading ground Non-mutuality? – SEE BELOW! Non-Mutuality Offensive Non-Mutual Collateral Estoppel (Parklane) New Π precludes Δ from relitigating previous issue Could Π have easily joined previous action? Joinder/Fence Sitter Was there incentive for Δ to litigate the issue? prior inconsistent judgments? (Tmac likes this one) Π taking advantage of new procedural opportunities that were not available before? Defensive Non-Mutual Collateral Estoppel (Blondertongue) New Δ precludes Π from relitigating a previous Policy – Non-parties can’t be forced to intervene (Martin – white firefighters) Day in court ideal – notice and opportunity Hard to believe all effected parties will be aware Burden on present parties to implead those that they want bound Can’t burden someone that was a stranger to the previous lawsuit trial?
CivPro_McKenzie_Fall_2011.docx