Goals

1
Goals

• Briefly survey limits of CP IP and related
  doctrines, then understand the issues of
  re-opening a judgment, and in particular Rule 60.

2
Stare Decisis

• What does stare decisis require?
• Is it a preclusion doctrine?
• E.g., I want to contend that a special
  relationship isnt required a prior opinion
  which says that it does precludes me from
  asserting that claim.

• Why not always allow re-litigation of previously
  decided questions?
• Limits
• Geography
• Dicta
• Distinguishing facts
• Overrule

3
Law of the Case (712)

• While a case is in a district court, the district
  judge may revisit a prior interlocutory order.
• E.g., a judge denies MSJ, holding SoL is 4 years.
  Later at trial (or any time later) the losing
  party moves to reconsider. Nothing precludes
  judge from granting it.
• However, if an appellate court decides an issue
  of law and remands to the district court
• Why doesnt doctrine of precedent apply and
  preclude revisiting the issue? IP?
• Why cant loser on remand ask for different
  ruling from lower court?

4
Judicial Estoppel (713)

• Unlike IP, JE typically applies when the party
  against whom it is asserted won 1st suit.
• E.g., in 1st suit plaintiff gets judgment by
  asserting that as a matter of fact it did not
  know of its claim on X date later cant assert
  that it knew of its claim on X date.
• Asserting inability to work and winning SSI
  benefits, but later suing employer for failing to
  give you reasonable accommodations so you can
  work
• Generally, JE narrowly applied.

• Elements
• (1)
• (2)
• (3)
• (4)
• Whats Bulger (714) teach?

5
Attacking Judgments

• Be sure to focus on the general rule before
  getting lost in the exceptions!
• CP IP are broad and powerful the exceptions
  are narrow.

• These cases matter where the prior judgment will
  be CP or IP, and so the party against whom CP or
  IP is asserted needs to undo the judgment.
• They wont have much luck

6
General Rules (1) The Judgment Stands (2)
Full Faith Credit Given

• (1) The way to overcome a judgment is appeal,
  not sue later.
• (2) FFC is required pervasively FFC
  generally requires every State to give a
  judgment at least the res judicata effect which
  the judgment would be accorded in the state which
  rendered it. Durfee.

7
Exception A Durfee (716)

• 1st suit against defendant in NE over title to
  land NE court only had SMJ if land was in NE.
  It found land was in NE and entered judgment that
  title was with plaintiff. No cert. petition
  filed.
• Then 1st suits defendant sues (as plaintiff) in
  MO asserting the land was in MO not NE. The
  original plaintiff asserts that res judicata
  applies.
• What does trial court conclude?
• What does appellate court conclude?

8
Durfee Notes

• What is issue?
• What is the general rule with respect to issues
  of PJ and SMJ and res judicata?
• What may a court do when PJ or SMJ of the court
  which issued the prior judgment is later
  challenged?
• If defendant has notice of a suit, but doesnt
  raise PJ, can any judgment issued be collaterally
  attacked?
• Note 5 on 721
• States statutes allowing collateral attack for
  lack of SMJ are scarce

9
Exception B Equity Changed Circumstances

• Equitable decrees are entitled to FFC as of
  circumstances at time of issue.
• However, enforcement may be avoided if
  circumstances are so severely changed as to
  render enforcement inequitable.

• Extremely common attack in what kind of cases?

10
Exception C FRCP 60(b)

• On motion and upon such terms as are just, the
  court may relieve a party from a final judgment
  for the following reasons (1) mistake,
  inadvertence, surprise, or excusable neglect (2)
  newly discovered evidence which by due diligence
  could not have been discovered in time to move
  for a new trial under Rule 59(b) (3) fraud,
  misrepresentation, or other misconduct of an
  adverse party (4) the judgment is void (5) the
  judgment has been satisfied, released, or
  discharged, or a prior judgment upon which it is
  based has been reversed or otherwise vacated, or
  it is no longer equitable that the judgment
  should have prospective application or (6) any
  other reason justifying relief from the operation
  of the judgment.

11
60(b) When How

• When
• For (b) (1), (2), or (3)
• For the rest
• Independent actions are still permitted.
• When is an independent action the only means to
  set aside a judgment?

• Brandon (726)
• Facts?
• Importance?
• Note 60(b) applies to set aside default
  judgments.
• Which provision(s) would normally apply?

12
Beggerly (723)

• What led to the first suit being filed?
• What happened to terminate that litigation?
• Why was 2d suit filed?
• What was it?
• Why (a) didnt and (b) procedurally, couldnt,
  plaintiff just appeal 1st judgment?

• Why did the SCt say this had to be an
  independent action and not a 60(b)(3) motion?
• What was SMJ based on?
• What was holding?
• When is an independent action proper?
• Why so limited?

13
Problems (727)

• 7(a)
• (b)
• (c)
• (d)
• (e)