This is an extract of our Post Trial document, which we sell as part of our Civil Procedure Outlines collection written by the top tier of University Of Michigan Law School students.
The following is a more accessble plain text extract of the PDF sample above, taken from our Civil Procedure Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:
POST-TRIAL a. Appeal i. 28 USC SS 1291
?????Final judgment rule: Only final decisions of the courts are appealable, with a few exceptions listed in SS 1291.
?????Adverse decision rule: A party may only appeal a decision which was not rendered in its favor. b. Claim Preclusion (CP) Res judicata or claim preclusion is the doctrine barring a second action where the matter has been (or should have been) litigated in a prior action. i. Generally?
Claim preclusion is asserted as an affirmative defense either in a 12(b) motion or in a responsive pleading under 8(c). It is waived if it is not brought initially. Claim preclusion has three general requirements: o The parties are bound by the previous ruling ("same parties," although it's broader than this) o It must form part of the same claim (as determined by one of the two Restatement tests) o The previous claim must have been settled by a final judgment on the merits. ii. Two Standards?
First Restatement: The claim is precluded where the parties and the cause of action are identical. The cause of action is "identical" when the evidence necessary to sustain the first claim would be required to sustain the new claim. (NARROWER) Second Restatement: The claim is precluded where it arises from the "same transaction or occurrence" that was adjudicated in the prior action. (BROADER)
The federal courts use the 2d Rest test, as do most states. Some still use the 1st Rest. iii. Who is Precluded?
As a general rule, only a party to the prior claim is precluded by it. Exceptions: o Where a party agreed to be bound by a prior action; o Where there is a pre-existing legal relationship with the prior action; o Where the party is in privity with a party to the prior action (i.e. a shared interest in property or a contract specifying that one party will represent the other's interest with regard to shared rights) o Where the party assumes control over prior litigation; o Where the parties lose a prior suit and re-file as a class. iv. "Final Judgments on the Merits"?Claim preclusion applies to final judgments on the merits only. Federal court decisions have preclusive effect in state courts. State court decisions have preclusive effect in federal court except where the state court lacked jurisdiction to hear the original claim. c. Issue Preclusion (IP)
Buy the full version of these notes or essay plans and more in our Civil Procedure Outlines.