Professor Nathenson Civil Procedure II MATERIALS TIMING, PURPOSE: DIFFERENCES BETWEEN DISPOSITIVE MOTIONS These motions are used for “dispositive” purposes, i.e., to “dispose” of a claim, defense, or issue in favor of the moving party. This might include decisions such as: Dismissing the non-movant’s claim or defense. Finding as a matter of law that the movant must prevail […]
1. Non-mutual collateral estoppel against non-litigant. Sally pays her rent 1 day late. Landlord invokes a penalty clause of her lease and sues Sally for a $100 penalty for late payment. The court holds that the penalty clause is valid. Landlord later sues Bobby for paying his rent a day late. Bobby argues that the penalty […]
Issues versus claims I. P sues D in Homeria state court for negligence. D doesn’t appear and default judgment is later entered against him. P then files an action in Bartkansas state court to enforce the judgment. At that point, D objects to the merits and to personal jurisdiction from the earlier claim. P argues that […]
