Monday
- 11.A.4–11.B.3 (CB 688-702)
Tuesday
- 11.B.4 (CB 702-710)
Wednesday
- Res Judicata Problem Set (we’ll discuss some or all of the following questions in class)
1. P contracts with D for DaVinci’s Mona Lisa. P offers to pay the purchase price, but D refuses. P sues in federal court, wins, and the court orders specific performance (i.e. D must hand over the Mona Lisa). Subsequently, P brings a second suit against D for incidental damages suffered in delaying a scheduled unveiling of the Mona Lisa. D raises claim preclusion. What result?
2. P sues D for a delinquent monthly car payment. The car loan contract contains an acceleration clause, which states that upon default of a single monthly payment, the entire purchase price becomes immediately due. P recovers the monthly payment. D defaults the next month as well. P sues again. D raises claim preclusion. What result?
3. P falls off a MTA bus and breaks leg because bus driver starts bus before P steps completely off. As P clutches her leg in pain, she falls into a sinkhole caused by MTA construction and breaks her arm. P sues MTA successfully on the theory that the bus driver negligently started the bus. P then sues MTA for damages to her arm caused by the tumble into the sinkhole. MTA argues claim preclusion. What result?
4. A is taking batting practice. The mechanical pitcher fires a wild pitch at A’s head. A dives out of the way, throwing his bat in the process, which strikes B in the knees. A sues the manufacturer for injuries and B testifies on A’s behalf. A wins. B then sues the manufacturer for his injuries. Manufacturer raises claim preclusion. What result?
5. A sues B for negligence in federal court. A’s incompetent lawyer files a complaint that states only “B wronged A and A suffered millions of dollars of damages and that was wrong and unfair and not very nice and because it was wrong A should get relief for the pain and suffering and injustice not to mention the humiliation, unlawful heretofore and otherwise, that A suffered.” B’s Rule 12(b)(6) motion is granted. A fires his attorney, acquires a UCLA graduate, who files a coherent complaint stating the elements of a medical malpractice claim. B raises claim preclusion. What result?