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Tues. Nov. 27

Tues. Nov. 27 . terminating litigation before trial. 2.

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Tues. Nov. 27

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  1. Tues. Nov. 27

  2. terminating litigation before trial 2

  3. Rule 56. Summary Judgment(c)(2) The judgment sought should be rendered if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law. 3

  4. summary judgment for defendant concerning a cause of actionno reasonable jury could find for the plaintiff with respect to at least one element of the cause of action 4

  5. summary judgment for plaintiff concerning a cause of actionno reasonable jury could find for the defendant with respect to each element of the cause of action 5

  6. - P is suing D for age discrimination- P alleges in his complaint that D promoted X rather than PD did so because X was younger than P, not because X had performed better on the job than P- D makes a motion for summary judgment - In opposition to motion, P introduces an affidavit by P stating that D said to P at a meeting that D “did not want to promote old people”- D introduces 10 affidavits from the other 10 people at that meeting stating that D said no such thing- If P’s affidavit is the only evidence that he has that D’s motive for not promoting P was age, should D win on his summary judgment motion? 6

  7. - Two cars enter an intersection at right angles and strike one another killing both drivers and all passengers. - There are no eyewitnesses to the accident. - The only evidence available is that there was a working traffic light; thus one of the drivers, but only one, had to go through the red light.- The family of the driver of one car sues the estate of the driver of the other for negligence- The estate moves for a directed verdict 7

  8. - X must take a certain pill once a day to remain alive. The pill is highly toxic. To take two within 24 hours is fatal. - X is found dead in his bedroom and the evidence is clear that he took two pills that day. - The uncontradicted evidence shows that several hours before his death, X made out a new will, substantially different from the one previously in force. It also shows that at about the same time, X made plans to accompany several friends on a fishing trip on the following day.- X’s family sues Insurance Co. for insurance proceeds on the ground that X’s death was an accident- Insurance Co. moves for summary judgment

  9. trial 9

  10. right to jury 10

  11. jury selection 11

  12. presentation of evidence 12

  13. directed verdict(judgment as a matter of law)R. 50 13

  14. jury verdict 14

  15. judgment n.o.v.(judgment as a matter of law)R. 50

  16. judgment 16

  17. Rule 69. Execution (a) In General.(1) Money Judgment; Applicable Procedure. A money judgment is enforced by a writ of execution, unless the court directs otherwise. The procedure on execution — and in proceedings supplementary to and in aid of judgment or execution — must accord with the procedure of the state where the court is located, but a federal statute governs to the extent it applies.  17

  18. preclusive effect(res judicata)

  19. claim preclusion

  20. there must be: a final judgment

  21. - P sues D concerning personal injuries in connection with a car accident- P loses, appeals- While actions is on appeal, P sues D concerning property damage in connection with accident

  22. - Example P sues D for fraud- P loses- Next day P discovered that D fabricated evidence- P sues D again for fraud- what result?

  23. - P sues D for battery in federal court- While the action is proceeding (before P v. D comes to judgment) D sues P in state court concerning his damages from the same brawl- Can P invoke the compulsory counterclaim rule?

  24. prior action pendingclaim splitting

  25. the judgment must be:valid

  26. P sues D in federal court.There is no SMJ, but no one notices this fact. D gets a judgment.P then tries to sue D again concerning the same T/O on the ground that the earlier judgment is invalid due to lack of SMJ.What result?

  27. the judgment must be:on the merits

  28. - P sues D for intentional infliction of emotional distress- D gets the action dismissed for failure to state a claim (P did not allege requisite intent)- P then sues D for negligent infliction of emotional distress

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