Civil
Procedure Class Notes
The
exam is three hours and will consist of three essay questions (factual patterns)
on real cases. There will be a personal
jurisdiction question, a subject matter jurisdiction question, and an
The
exam will be at
You
may bring your casebook, your rule book, your notes and your outline.
You
may not have other stuff. You can use a
CD-R instead of a floppy disk.
Quick
review of yesterday
We
talked about the difference between summary judgment and JNOV. The legal standard is the same, but the key
difference is when they are brought up.
The purpose is the same: to remove the case from the jury based on the
absence of fact.
So
we’ve gone through to the trial stage.
The last thing to consider (other than appeals) is the result of
a trial. That’s…
Preclusion
– Rush v. City of Maple Heights
It’s
an
There
are two separate lawsuits: there’s a negligence claim for the damage to the
motorcycle, filed in municipal court.
That court gives her $100 and also makes certain conclusions of
law. You often ask the judge to give you
a document listing the findings of fact and conclusions of law of the case for
the purposes of appeal and preclusion.
The
court says that the city had actual notice of the pothole, that they were negligent
in not repairing the road, and that the city’s negligence was the proximate
cause of the accident.
Now
she files another suit in another court for her personal injuries. What does the plaintiff want the second court
to do with the findings of the first case?
She wants the second court to say that the issues of notice, negligence,
and proximate cause have already been litigated.
On
the other hand, the city also wants a preclusive effect. They want the whole claim precluded! They argue that the plaintiff should have
filed both claims together because they came out of the same event. “We’ve already had this trial, and you’ve won
your $100! You could have brought your
claim for personal injury, but didn’t, and now it’s too late!” Both sides are asking for preclusion, but
they’re asking for different types…all in the same case!
What
does the court do? It uses issue
preclusion and says that there’s no need to go back over the facts or the
law. They figure that they only need to
do a trial on damages, where the jury gives $12,000 to the plaintiff.
Claim
preclusion versus issue preclusion
Claim
preclusion is also known as “res judicata” and issue preclusion is also known
as “collateral estoppel”. We will call
all this stuff preclusion. That’s
the new and better term for these things.
But some courts will say res judicata, which will sometimes mean claim
preclusion in particular, but may mean preclusion in general.
Preclusion
prevents two bites at the apple. Preclusion
tries to say that certain things are done with, they’re final,
and we’re not going to go back and revisit those issues.
Claim
preclusion forbids a party from relitigating a claim that should have been
raised in former litigation. If a claim
comes out of the same “nucleus of operative facts”, for efficiency reasons, we
want people to bring all the claims at one time.
Issue
preclusion is when an issue of fact or law is actually litigated and
determined by a valid judgment such that the determination is conclusive in
a subsequent action between the parties, whether on the same or
different claims. Same deal: why
waste our resources finding out the answer to a question again when the
question has already been answered?
Claim
and issue preclusion both talk about parties.
Claim preclusion is claim-specific, while issue preclusion is specific
to issues of law or fact. Claim
preclusion deals with things that should have been brought up, but weren’t,
while issue preclusion deals with things that have been actually litigated. Make sure you correctly classify the type of
preclusion that’s going on!
The
lower courts decided this case based on what was the settled law of
The
Ohio Supreme Court reviews Vasu, which illustrates preclusion in
What
do we do about issues related to both persons and property suffered by the same
person? The law of Vasu was
clear: you have two causes of action: one for your property and one for your
personal injuries. What the lower court
did was exactly correct based on the law as it was at the time.
But
now the Ohio Supreme Court reverses this rule!
Is
there another reason defendants might want to have all the cases together? What was at risk in the first lawsuit? Just the motorcycle. It was a small kind of damages. Does this suggest a different litigation
strategy than you would use in a personal injury claim? Sure.
You wouldn’t pay as much attention to a $100 claim than you would to a
$12,000 claim. If you allow piecemeal
claims, you send out bad incentives. If
you put it all together, the defendant can better protect all its interests by
having them litigated in one lawsuit.
The
preclusion doctrine is justified by weighing our big factors of efficiency and
equity. We avoid inefficient extra litigation,
and we also avoid unfairness to defendants in making them defend too damn many
lawsuits.