Tues. Dec. 4 2:00

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Tues. Dec. 4200
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issue preclusion
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If in an earlier case an issue was - actually
litigated and decided- litigated fairly and
fully- and essential to the decisionthen the
earlier determination of the issue precludes
relitigation of the same issue by someone who was
a party or in privity with a party in the earlier
litigation
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P sues D to put up a damThe dam will flood Xs
propertyP winsX is aware of the litigation but
does not interveneX then sues D to have the dam
removedIs X issue precluded?
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mutuality
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- P sues employee for battery as a result of a
scuffle when the employee tried to stop P from
shoplifting. - The employee wins. - P then sues
the employer on a theory of respondeat superior.
- What happens if the employer cannot take
advantage of nonmutual issue preclusion and so P
could win against the employer?
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Bernhard v. Bank of America Natl Trust and
Savings Assn(Cal. 1942)
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Bernhard first sued Cook in her personal capacity
as a beneficiary of Sathers willNow she is
suing the bank in her capacity as the
administratrix of Sathers estateprivity?
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assume that bank could not issue preclude
Bernhard and she woncould Cook have sued the
bank for the money and won?
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In determining the validity of a plea of res
judicata three questions are pertinent Was the
issue decided in the prior adjudication identical
with the one presented in the action inquestion?
Was there a final judgment on the merits? Was the
party against whom the plea is asserted a party
or in privity with a party to the prior
adjudication?
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defensive - defendant in second suit uses
nonmutual issue preclusion as a shield
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offensiveplaintiff in second suit uses issue
preclusion as a sword
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Parklane Hosiery v. Shore(U.S. 1979)
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state law in federal court
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P sues D in Va state court under (Nevada,
federal, German) lawP sues D in federal court
in Va under (Virginia, Nevada, German)
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Swift v. Tyson(U.S. 1842)
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Rules of Decision ActThe laws of the several
states, except where the constitution, treaties
or statutes of the United States shall otherwise
require or provide, shall be regarded as rules of
decision, in trials at common law, in the courts
of the United States, in cases where they apply.
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general common law
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Erie Railroad v. Tompkins(U.S. 1938)
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Tompkins (a citizen of Pa) sued Erie RR (a
citizen of NY) for negligence in connection with
an accident in Pa in which he was trespassing on
Eries propertyWhat is the duty of care to
trespassers?
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Upshot of ErieWhen entertaining a state law
cause of action (e.g. in diversity, supplemental
jurisdiction) the federal court should apply
state law as interpreted by that states courts-
this applies to common law cases too!- in Erie,
this means look to the Pa SCt
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BOYLE v. UNITED TECHNOLOGIES CORP.(U.S. 1988)-
Estate of a serviceman sued a federal military
contractor under Virginia tort law in federal
court (under diversity) for a design flaw in a
helicopter that led to his death. - Contractor
asserted federal defense of immunity for federal
military contractors
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federal common law
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- there may be a federal interest giving a
federal court common law making power but
diversity or supplemental jurisdiction itself
does not create such an interest
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binding nature of state court decisions in the
state court system
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New decision announced by Va trial ct (circuit
ct) Not binding authority anywhereThat is, no
court is obligated to follow that Va trial cts
decision concerning Va lawStrong precedential
value for another Va trial ct deciding cases of
Va lawWill strongly suggest how the law should
be decided, but a Va trial ct could decide
differently i.e. could overrule A mere source
for arguments for Va Ct App or the Va Supreme
Court
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Va Ct App asserts now decision on Va lawBinding
authority over trial courts (circuit cts) -
sometimes limited to circuits Such trial courts
are obligated to follow that the Appellate Cts
decision even if legal circumstances have changed
and the appellate courts would surely decide
differently nowPrecedential value for Ct App.
Will strongly suggest how the law should be
decided, but a Va Appellate Ct. could decide
differently i.e. could overrule if legal
circumstances have changedA mere source for
arguments for the Va Supreme Court
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The Va Supreme Court issues a new rule of Va
lawBinding authority over trial courts and
appellate courts within the state of Va Such
courts are obligated to follow the Supreme
Courts decision even if legal times have
changedPrecedential value for the Va SCt Will
strongly suggest how the law should be decided,
but the Va Supreme Court could decide differently
i.e. could overrule if legal circumstances have
changed
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- P sues D in federal court in diversity under
Pennsylvania law- The last Pennsylvania Supreme
Court decision on point is 80-years old it
looks like they would decide otherwise now- Does
the federal court follow the decision?
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The last Pennsylvania Supreme Court opinion on
point is an 80-year old caseYou think they would
decide otherwise nowThe change in the law would
be to your benefitYour case is a diversity
caseWhere do you sue, in a Pennsylvania state
trial court or in a federal district court?
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You are federal district judge in the E.D. Va.
Entertaining a question of Virginia lawThe only
cases on point are a 20-year-old decision by the
4th Circuit and conflicting 5-year-old decision
by a Va. trial courtIs the 4th Circuit decision
binding authority for you?
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what is the procedural power of a court
entertaining another sovereigns cause of
action?e.g.state court entertaining sister
state actionfederal court entertaining state
action
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P and D (both Pennsylvanians) get into a car
accident in PennsylvaniaP sues D in state court
in Virginia under Pennsylvania lawCan the
Virginia court use Virginias rule on Ds duty
of care? service rule? pleading
standard? statute of limitations? rule on who
has the burden of proof for contributory
negligence?
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P and D (both Pennsylvanians) get into a car
accident in PennsylvaniaP sues D in state court
in Virginia under Pennsylvanias wrongful death
statutePennsylvanias wrongful death statute
says a plaintiff may not sue for wrongful death
under this statute more than 2 years after the
death occursVirginias statute of limitations
for wrongful death is 3 yearsP has waited 2 and
a half years after the death to sue
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two possibilities1) forum must use other
sovereigns law2) forum has discretion to use
its law or not
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Borrowing statutesThe forum states statute of
limitations incorporates the time period of the
state that provides the cause of action to keep
plaintiffs from forum shopping
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what is the scope of federal power over the
procedure of federal courts when entertaining
state law causes of action?
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P sues D in diversity in federal court in New
York under Pennsylvania state law- federal
constitutional law (5th Amendment, 7th
Amendment)- applies, period
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P sues D in diversity in federal court in New
York under Pennsylvania state law- federal
statutes - 28 U.S.C. 1391 (venue)- applies if
within Congresss power to regulate the procedure
of the federal courts
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P sues D in diversity in federal court in New
York under Pennsylvania state law- Fed. R. Civ.
P. - 8(a) (pleadings standards), 11
(frivolousness), 12(b) (preanswer motions), 15
(amendment, relation back), 13, 14, 18, 19, 20,
24 (joinder), discovery rules, 56 (summary
judgment)- applies if within Congresss power
to regulate the procedure of the federal courts-
and if compatible with restrictions Congress put
on the Supreme Court in the Rules Enabling Act
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P sues D in diversity in federal court in New
York under Pennsylvania state law- federal
common law procedure - claim preclusion, issue
preclusion - matters not covered by any enacted
federal law- applies if within federal courts
regulatory power over their own procedure- and
not contrary to any limits Congress might have
put upon federal courts