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					                                                                     Former Adjudication (Tested)
Claim Preclusion (Res Judicata): a party may not assert a COA if following three          Issue Preclusion: deals with application of law to facts resolved in prior case
  conditions are met                                                                        Same issue: where issue involves same application of law to facts, issue
  1. same claim: COA is same as one previously asserted                                       preclusion will probably be available
  2. same parties: parties involved with current cause of action are same as those
    involved with prior COA or in privity with them                                         Same party:
  3. final judgment: prior COA resulted in final judgment on the merits                      If Defensive use of issue preclusion: party invokes issue preclusion to fend off
                                                                                                a claim by asserting that same issue has already necessarily been resolved
  Same claim: applies to identical COA of prior lawsuit and to other COAs that                  negatively in earlier suit
   were not asserted but that do arise out of same transaction or occurrence                    - full mutuality not required – party to be precluded must be same as or in
                                                                                                   privity with party in earlier case, but irrelevant if defending party is same
  Same parties: generally ¶ and Δ must be the same parties in both lawsuits – full                 as or in privity with party in earlier case
   mutuality – same party requirement applies both to party invoking as well as              If offensive use of issue preclusion: party asserting a claim seeks to establish
   party to be precluded, BUT                                                                   an issue supporting its claim by pointing out that the issue was resolved
   Privity: mutual or successive relationship to the same rights – look for                     positively in prior case
     relationship so close with respect to the right in issue that it is fair to apply          NC: requires full mutuality
     preclusion to one based on the actions of the other (think successors,                     Fed: judge’s discretion, may refuse where it seems a party awaited the
     trustees, and beneficiaries)                                                                  outcome of prior case in order to get a free ride on the determination
                                                                                             NOTE: no one can loose an issue without having first litigated the issue
  Final judgment on merits: finality and a merits determination                                 themselves (or through a party in privity) Parties sometimes get benefit of a
    Finality: judgment is final notwithstanding appeal or other post trial motions              win on an issue despite having no involvement, but NO party gets the
      – but appeal may provide relief from pending decision of issue                            harm of loss on an issue without involvement
      preclusion
    On the merits: any judgment in claimant’s favor awarding relief is on the merits,       Actually litigated: the issue must be actually litigated in the prior case – so,
      BUT where Δ prevailed must determine whether judgment was procedurally                 even if issue relates to same transaction or occurrence, the issue is not
      based or on the invalidity of the claim itself.                                        precluded unless actually litigated

Statute of Limitations
Defamation: one year from date of publication
Wrongful death: two years from date of death
Three years for (PERSONAL INJURY ACTIONS SURVIVE DEATH OF ¶)
  Professional negligence date of last negligence
  Products liability (statute of repose causes right of action to cease to exist 6 years from date of initial purchase for use or consumption, irrespective of 3 year SoL)
  Fraud/mistake: earlier date of discovery or date that it could have reasonably been discovered
  Intentional torts
  Negligence: from date of injury
  Trespass: from date of original trespass if continuing
  Insurance claims
  Contracts and conversion: from date of breach
Four years for
  UCC contract claims
  Unfair deceptive Trade Practices

Person entitled to bring action dies: if before expiration of SoL and if the COA survives THEN an action may be commenced by his representatites after expiration of the SoL
 IF filed within one year of the ¶’s/decedent’s death

				
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posted:2/10/2012
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