CIVIL PROCEDURE CLASS 39

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CIVIL PROCEDURE CLASS 39

• Professor Fischer
• Columbus School of Law
• The Catholic University of America
• November 25, 2002

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WRAP-UP OF LAST CLASS

• We learned about Glannons third ring, venue,
  which is an additional limitation on plaintiffs
  choice of forum.
• We learned how to apply the general federal venue
  statute, 28 U.S.C. 1391.

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WHAT WILL WE DO TODAY?

• Learn about some exceptions to the venue
  requirement in federal court.
• Conclude our jurisdiction unit by review Practice
  Exercises 27 and 28.
• Begin a new unit on finality of judgments by
  learning about claim preclusion (res judicata)

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Venue vs. Subject Matter Jurisiction

• What are the differences between venue and
  subject matter jurisdiction?

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Venue vs. Subject Matter Jurisiction

• What are the differences between venue and
  subject matter jurisdiction?
• Venue can be waived - see 12(b)(3), 12(g),
  12(h)(1)
• Court does not have to question venue sua sponte
  as R. 12(h)(3) requires for subject matter
  jurisdiction
• Parties can consent to what would otherwise be
  improper venue (using, for example, a forum
  selection clause)

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VENUE and COLLATERAL ATTACK

• Unlike personal jurisdiction, proper venue is not
  a constitutional requirement for a valid judgment
  and cannot be raised by way of collateral attack.

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Courts Have Laid Down Exceptions to the Venue
Requirements

• One of the most important is exceptions is for
  actions that are removed to federal court
  (because removal statute specifies the district
  to which case must be removed at 1441(a))
• Another example - local suits that must be
  brought in district where land is located. Most
  actions are not local but transitory.

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PRACTICE EXERCISE 27

• CB 707

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PRACTICE EXERCISE 27

• UA is NH corporation, only place of business is
  in NH
• 12(b)(2) motion to dismiss
• Statutory question - does the long-arm statute
  apply to UA? Which provision?
• Constitutional question - is the exercise of
  jurisdiction over UA constitutional under the due
  process clause?

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PRACTICE EXERCISE 28

• CB 723-724
• Shaw v. NLS and Gloss

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FINALITY OF JUDGMENTS CLAIM PRECLUSION

• Also known as the doctrine of res judicata
• What is res judicata? What is the purpose of res
  judicata?
• What is the idea of merger and bar - see
  Restatement (2d) of Judgments s. 17 at CB p. 885
• What does FRCP 8 (c ) say about res judicata?
  Why?
• NB. Res judicata can be waived!

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CLAIM PRECLUSION AND ENFORCEMENT

• Once a damage claim succeeds, the claim becomes a
  claim on the money judgment.
• P becomes judgment creditor, and D judgment
  debtor.
• If D doesnt satisfy judgment, P must bring an
  enforcement action vs. D. See R. 69(a)
• Claim preclusion will help judgment creditor in
  this enforcement action. Judgment debtor cannot
  relitigate on the merits.

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CLAIM PRECLUSION V. ISSUE PRECLUSION

• What is the basic difference between claim
  preclusion and issue preclusion? (see CB p. 884)
• What is the difference between claim preclusion
  and stare decisis?

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CLAIM PRECLUSION

• Does claim preclusion extend to claims only to
  claims that were made in the first lawsuit, or
  does it also extend to claims that could or
  should have been litigated in the first lawsuit?
• What must D show to prove that res judicata bars
  a Ps claim (the elements of res judicata)?

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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 parties to both suits, or parties are in
  privity

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FINAL VALID JUDGMENT ON THE MERITS

• VALID To be valid, court rendering judgment must
  have valid subject matter and personal
  jurisdiction (if action dismissed for lack of
  p.j. or s.m.j., no claim preclusion for action
  brought in court with p.j. or s.m.j.)
• You cant argue that a judgment is invalid simply
  because it was based on error, e.g. relying on
  unconstitutional statute
• Is a dismissal without prejudice a final valid
  judgment on the merits? See R. 41
• What about a dismissal under R. 41(b)?
• Summary judgment in favor of P?