Civ_Pro_Unknown3 - Prior Adjudication Claim Preclusion What...

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Prior Adjudication Claim Preclusion What constitutes the same claim? – whether the party COULD have brought the same claim under the previous suit Merger and Bar – all claims that could have been brought merge with the judgment in the first lawsuit, therefore the claim under the second lawsuit is barred Herendeen v. Champion International Corp. – First lawsuit was brought in state court . . . plaintiff claimed breach of contract relating to the oral agreement to agree re: new employment (including fraudulent inducement with respect to leaving thinking that he would have a new job.) He was seeking to recover pension benefits that he lost as a result of not getting the new job. At the time of the suit, he had already terminated his original employment. The first suit was dismissed for failure to state a claim (this is rare in Federal Court because of Rule of 11). The second lawsuit was about pension benefits that were withheld during his first employment. These were found to be separate claims Expansive approach to whether they are related in time, space and communication Err on the side on bringing everything together On the Merits – as long as it operates as an adjudication on the merits Rule 41(b) Issue Preclusion 764 – 783 784 – 815, 839 – 844 Parties Bound and Advantaged – only those who are parties to the lawsuit may be bound by the judgment Vicarious Representation --- Privity General Foods v. Mass. Dept of Public Health Choice of Law – what persons are bound by a valid judgment is determined by the local law of the State where the judgment was rendered Constitutional Issues – a non-party is protected from being bound by an
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This note was uploaded on 03/03/2010 for the course LAW 28465 taught by Professor Carson during the Fall '09 term at University of Texas.

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Civ_Pro_Unknown3 - Prior Adjudication Claim Preclusion What...

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