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Yes, was
1. Did case 1 end in a final judgment on the merits? it valid?
No, Fraud, SMJ,
no opportunity to
No, Lack of SMJ, PJ, improper be heard
venue, pre-mature action, failure NO IP
to join party under rule 19
Requirement may not be satisfied where the decision could have been based on
alternative theories of recovery.
4. Against whom is IP being asserted? Only AGAINST someone who was a party in
case1 (included parties in privity).
Modern non-mutuality
Offensive non-mutual collateral
estoppel is where D has already
litigated an issue and lost, any P may
Defensive non-mutual estop that defense in 2nd suit.
collateral estoppel is where P
has already received an
adverse judgment on an issue.
Therefore, any D may estop P
from re-litigating on 2nd suit.
Supplemental Jurisdiction-Our friend who gets things into federal court for us
YES
1367 (a) Are added claims from the No, SuppJD is not possible
same nucleus of operative facts?
YES
NO
1
Is judgment final? NO- Judgment was not on the
Did case on end in a merits of the case if case ended
final judgment on the because of SMJ, PJ, venue,
merits? (rule 41b) indispensable parties.
Yes, CP may
2 apply, go to #3
Was the claim from the same t/o?
Note: Same t/o is subject to a test.
1) Majority view (Federal law)- A claim means all rights of
relief arising from the t/o.
2) Minority view- (Primary rights theory) You have a
NO, CP does not apply. different claim for each right invaded.
ex. Personal injury and Property damage are different.
Go to #3 to finish analysis
3
Parties YES, CP applies, parties are bound.
Removal is
vertical
Granted §1441 (c)
1- Removal requested by D A state question may be
joined to a Federal question
2-Fed Court has original and the court will decide
jurisdiction everything. This is very
rare. Court may in its
3-If state Court doesn’t have discretion remand all claims
jurisdiction over claim to state court when state
originally filed in state ct, law predominates
case may be removed to
Federal Court.
Federal
Question Requirement #1
Requirement #2
Complete diversity
§1332
Diver
§1331 Amount in controversy
sity
of CITIZENSHIP §1333-
Must exceed $75,000.
among parties. Admiralty
$75,000.01 is enough.