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King v. RLDS – Relationships

King v. RLDS – Relationships. Who’s involved and what are their positions RLDS Owner Tri-Cote Prime Contractor King Sub Contractor. King v. RLDS – Contracts What were the promises?. RLDS. Tri-C. Pay $448K. Fix Asbestos. Pay $448K. Fix Asbestos. Pay $56K. King. Supervise.

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King v. RLDS – Relationships

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  1. King v. RLDS – Relationships • Who’s involved and what are their positions • RLDS • Owner • Tri-Cote • Prime Contractor • King • Sub Contractor

  2. King v. RLDS – ContractsWhat were the promises? RLDS Tri-C Pay $448K Fix Asbestos Pay $448K Fix Asbestos Pay $56K King Supervise

  3. King v. RLDSPerformance and Breakdown? • King does extra work ($7K) at RLDS’s direction. • RLDS finds King’s work unsatisfactory. • King is fired.

  4. King I (King v. Tri-C & RLDS) • Count I • Defendants • Tri-Cote • RLDS • Theories • Tort? & Contract? v. Both D’s • QM v. RLDS ($7K) Count II Irrelevant • Count III • Defendants? • RLDS • Not Tri-Cote • Theory • Interference with King’s ability to complete contract with Tri-C.

  5. King I (King v. Tri-C & RLDS) • What happened before trial? • King waived all tort claims. • What motions did King file at close of evidence? • Motion to amend to conform to evidence & assert 3rd party beneficiary contract theory • How did Court rule on that motion • Denied • What then happened re Count I • Re RLDS • Ct dismissed big claim since RLDS not party to contract • Let $7K QM claim go to jury which ruled for King • Re Tri-Cote • Jury awards $42K • What happened to Count II • Ct dismissed since RLDS not party to contract • What happened to Count III • Ct dismissed on basis that it is a tortious interference claim and King had waived right to assert tort claims. • Remember earlier refusal to allow amendment to assert 3rd party beneficiary contract theory.

  6. King II (King v. RLDS Only) • Who are the parties? • P – King • D – RLDS • What are King’s theories? • 3rd party beneficiary • Tortious interference • D (RLDS) raises collateral estoppel as a defense • On what issue(s) was D asserting estoppel? (Hint: the Supreme Court’s decision doesn’t tell you) • Have elements of collateral estoppel been met in this case: • Identical issue • Judgment on the merits • PTB a party or in privity with a party in earlier case • Full & fair opportunity • No inequity • Why weren’t the issues “identical”? • What was the issue on which preclusion was asserted? • Was it an issue in King I? • Was it decided in King I? • What issue was decided in King I? • Some thoughts about Missouri’s “identical issue” requirement for collateral estoppel • “Necessarily and unambiguously decided” • “issues of ultimate fact” • “Essential to decision” (see n. 4)

  7. King II (King v. RLDS Only) • Res Judicata Defense • What’s the basic idea behind res judicata? • Why would court’s adopt res judicata? • Does the system work better with it or without it? • Why? • Elements of res judicata in King? • Were PTB & PAP parties in King I? • Could King have asserted claims in King I? • Do the King II claims arise out of same acts, conduct, or transactions as King I claims? • Was King I decided by valid final judgment on the merits? • Same transaction standard • “whether parties, subject matter and evidence necessary to sustain the claim are the same in both actions” • What does that mean? • What is court trying to figure out?

  8. King II (King v. RLDS Only) • Res Judicata Defense • What’s the basic idea behind res judicata? • Why would courts adopt res judicata? • Elements of res judicata in King? • Were PTB & PAP parties in King I? • Could King have asserted claims in King I? • Do the King II claims arise out of same acts, conduct, or transactions as King I claims? • Was King I decided by valid final judgment on the merits? • Same transaction standard • Basic Formulation: “Same act, conduct, or transaction” • Alternative: “Whether parties, subject matter and evidence necessary to sustain the claim are the same in both actions” • What does alternate mean?

  9. King II (King v. RLDS Only) • Could have been brought standard • Speculative or unripe claims • Jurisdictional problems • The problem of “valid, final judgments on the merits” • Meaning of validity • Meaning of finality • Meaning of “on the merits” • Res Judicata v. Collateral Estoppel • The Baffling “Four Identities” • Identity of thing sued for • Identity of the causes of action • Identity of persons and parties • Identity of the quality of the person for or against whom the claim is made

  10. King II (King v. RLDS Only) • Could have been brought standard • Speculative or unripe claims • Jurisdictional problems • The problem of “valid, final judgments on the merits” • Meaning of validity • Meaning of finality • Meaning of “on the merits” • Res Judicata v. Collateral Estoppel • The Baffling “Four Identities” • Identity of thing sued for • Identity of the causes of action • Identity of persons and parties • Identity of the quality of the person for or against whom the claim is made

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