Agenda for 34th Class
• Class Action Review
• Introduction to Res Judicata
• Supplemental J problems
• Assignment for next class– Res Judicata
– US Constitution Article IV (Supplement p. 1); 28 USC 1738
– Yeazell pp. 715-27
– Questions to think about / Writing Assignment (optional)
• Yeazell p. 727 Q1
– Optional: Glannon Ch
1
Last Classes & Office Hours
• This Friday (11/30) is last regular class
– Classes canceled week before exams
• 12/3, 12/5, 12/7 canceled
• Review class
– W 12/12 10-12. Rm. 7
• Counts as regular class
• 2012 exam essay questions
• Your questions
• Office hours
– Today. M 11/26 4-5
– M 12/3 4-5
– W 12/12 1-5PM
• TA office hours
– As usual, through 12/7.
2
Class Actions I
• Class actions must be certified by court
– Four 23(a) requirements. Numerosity, Commonality, Typicality,
Adequacy
– One of 23(b) requirements
• 23(b)(2). Injunctions
• 23(b)(3). Money damages / mass torts
– Must show that common issues predominate
– Must show that class action superior to individual suits
3
Class Actions II
• Recent trends are hostile to class actions
– Walmart.
• Strict about commonality
– Discrimination issue is not common to class, because
discrimination at each store was different
» In spite of argument that store discrimination was facilitated
by central policy of allowing wide discretion to store
managers
• Also strict that 23(b)(2) can’t be used for monetary claims for backpay
– Must be brought under 23(b)(3), which is harder to get, because
common claims must predominate…
– Rhone-Poulenc (blood transfusion hypo)
• No class action where
– Each claim under different state law
– Claims large enough to be brought individually
4
Supplemental Jurisdiction
• Note that
– Need to serve process on each defendant separately following FRCP 4
– Each defendant must serve an answer
• See problems on handout
5
Res Judicata
• Sometimes one adjudication bars later adjudication
– If plaintiff tries to bring second suit, then defendant has valid affirmative
defense
• Policies
– Save costs
– Prevent inconsistent judgments
– Encourage consolidated litigation of related claims
• Also called “claim preclusion”
• Easily applies when same plaintiff brings exactly same claim against same
defendant for which previously had lost (or won) after trial and appeal
– But res judicata is not so limited
6
4 Requirements for Res Judicata
• Same claim
– Federal court. Claim arising out of the same transaction or occurrence
• Even if claim in second suit not actually raised or litigated in first suit
– Some state courts may apply narrower rules
• E.g. claim in second suit arises out of “same evidence”
• Judgment on the Merits
– Trial, summary judgment, default judgment
– 12(b)(6), but not equivalent dismissals in some states courts
– NOT dismissal for lack of jurisdiction or venue
• Final judgment
– Judgment entered on all claims
– In federal court, still final if appeal pending; not in some state courts
• Same parties
– Except judgment against former real property owner bars subsequent
owner
– Perhaps other exceptions when interests of parties are very closely
aligned
7
• But exception narrowed by Taylor v. Sturgell