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 […]
Question Explanation 1. The basics. P sues D (an auto manufacturer) in state court for negligence arising from a car accident. The alleged negligence is negligent manufacture of a component of P’s car, which P believes was the proximate cause of P’s injury. At trial, the jury finds for D and the court enters judgment against […]
Explanations will be posted here after we complete our discussion of the materials. In addition to doing the problems below, study the handout, When is an issue “essential to the judgment”? 1. 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. […]
