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Conflict of Laws - Judgments
Toledo Law - Professor Richman - Fall 2012
28
Law
Graduate
12/11/2012

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Term
What does the FF&C Clause of the CONSTITUTION say?
Definition
"FF&C ought to be given in each state to the public acts, records, and judicial proceedings, of every other state..."
Term
What does the FF&C STATUTE say?
Definition
Same as the Const, but adds that state courts must give FF&C to federal court judgments.
Term
What is claim preclusion?
Definition
Prohibits a second suit on a claim or COA which was asserted in a prior suit, which proceeded to a final judgment on the merits
Term
A judgment has claim preclusion effect only if it is “on the merits” or “with prejudice.” What is adjudication "on the merits"?
Definition
  • Examples of judgments not on the merits:
    • Dismissal for lack of jurisd (classic case), improper venue, or failure to join a party
    • All other dismissals, except for those under Rule 41(a), are on the merits unless the order states otherwise.
  • Thus, a literal reading of Rule 41(b) makes all 12(b)(6) dismissals on the merits unless the order states otherwise.
    • Most courts do not read the rule so literally.
    • When the dismissal order does not state specifically whether the dismissal is on the merits, most courts distinguish between a 12(b)(6) dismissal of a hopeless complaint, which is on the merits, and a 12(b)(6) dismissal of a complaint that can be fixed easily by correcting a pleading error, which is not on the merits. 
Term
What is issue preclusion?
Definition
Prohibits relitigation of factual issues actually decided in a prior proceeding, regardless of whether the second issue proceeding is based upon the same claim or COA.
Term
What is the effect of issue preclusion?
Definition
Regardless of which of the parties to an action is victorious, the judgement is conclusive in a subsequent action between them upon the issues actually litigated in the action. A party who seeks to re-litigate one of the issues disposed of in the first trial is precluded from doing so.
Term
Differences between issue preclusion & claim preclusion:
Definition
  • Whereas claim preclusion applies only where the "claim" in the second action is the same as the one adjudicated in the first action, issue preclusion applies as long as any issue is the same, even though the causes of action are different. 
  • Whereas claim preclusion prevents the second suit altogether, collateral estoppel doesn't prevent suit, but merely compels the court to make the same finding of fact on the identical issue that the first court made. 
Term
What is the bottom line rule for FF&C with regard to applying preclusion laws?
Definition
In order to give FF&C to an F-1 judgment, F-2 must use the preclusion law of F-1
Term
Specifically, what happens if the F-1 law is MORE preclusive?
Definition
F-2 must give the F-1 judgment at least as much preclusive effect as that judgment would've gotten in the courts of F-1. --> F-2 must apply a more preclusive law than its own.
Term
Specifically, what happens if the F-1 law is LESS preclusive?
Definition
F-1 can give the F-1 judgment no more preclusive effect than the F-1 judgment would've gotten in an F-1 court --> F-2 must use F-1's less preclusive law than its own.
Term
What is the iron law of FF&C?
Definition
  • Basic Rule: If you have a problem w/ the F-1 judgment, you have to fix it on appeal in F-1, except for a few things (jurisdiction); Cannot fix this on collateral attack in F-2.
Term
What are the categories of jurisdiction?
Definition
  • In rem
    • if the state asserts its power because of a connection with the D's property, and not with the person, the court exercises in rem jurisd. The only judgment the court can render is one that affects only that particular piece of D's interest in the property.
  • In Personam
    • If the D has person contacts with the state, the court may exercise in personam jurisd over D. A court with this jurisd may render a personal judgment against the D which can be satisfied out of any property of his within the state. This creates a judgment debt against him which may also be enforced in other states by operation of the FF&C.
Term
What is a general contact?
Definition
D has so much contact with the F that the F can exercise jurisd over him with no problem, even based on a claim that has nothing to do with the F state.
Term
What is a specific contact?
Definition
The D has minimal contact with the state, but the claim arises directly out of those contacts.
Term
What is a default judgement?
Definition
A judgment entered against a defendant who has failed to plead or otherwise defend against the ∏'s claim.
Term
A defendant who defaults in an action in one jurisdiction may collaterally attack the default judgement when it is sued upon in a second jurisdiction. What is a collateral attack?
Definition
An attack on the judgement in a separate proceeding, often in another state.

Basis for Attack:

  • Personal Jurisdiction
  • In Rem or Quasi in Rem jurisdiction
  • Extrinsic Fraud (Fraud that could not have been ruled on by F-1; Ex: deprived D of his opportunity to appear and defend)
  • Subject Matter Jurisdiction
Term
What is a waiver?
Definition
  • A D who appeared in the original action without objecting to jurisdiction, or one who unsuccessfully litigated the jurisdictional issue in the first action, may not collaterally attack the judgement.
  • The successful objection to jurisdiction may, of course, be repeated on appeal to a court superior to the first trial court; but this is a direct rather than collateral attack.
Term
What is the rule about mistaken judgments?
Definition
F-2 may NOT refuse FF&C to an F-1 judgment that is wrong, even if F-1 is wrong about the law.
Term
What is the rule about judgments that violate public policy?
Definition
F-2 must give FF&C to F-1's judgment, even if it violates PP.
Term
What is the rule about inconsistent judgments?
Definition
  • When faced with 2 inconsistent judgments, F-3 should honor the judgement last in time. 
  • Further, F-3 may not refuse FF&C to an F-2 judgment because the F-2 judgment improperly refused FF&C to an earlier F-1 judgment
Term
What are the exceptions to the "Iron Law"?
Definition
  1. Judgment not on the merits 
  2. Lack of finality
  3. Modifiable
  4. Fraud in obtaining F-1 judgment
  5. Lack of jurisdiction
  6. The Land Taboo
  7. No Competent Court in F-2
  8. Penal Judgments
  9. Equity Decrees
  10. Public Policy of F-2
Term
What is the difference between "intrinsic" and "extrinsic" fraud? Does the distinction matter?
Definition

Exception to the Iron Law: A judgment procured by fraud

  • 1st RS required distinction b/t "intrinsic" & "extrinsic" frauds
    • only judgments procured by "extrinsic" frauds (fraud that could not have been ruled on by F-1) permitted the denial of FF&C. 
    • Conversely, if intrinsic fraud procured the judgment in F-1, the litigant is not permitted to bring a collateral attack in F-2. Under 1st RS, F-2 cannot deny FF&C to F-1's judgment based on an intrinsic fraud.
  • 2nd RS discards this distinction - can bring a collateral attack on either. 
Term
What is the rule from Parklane Hoisery v. Shore (Recognition of Federal Court Judgments - Federal Question Cases)?
Definition
If the rendering court is a federal court, and it is a federal question case, the state court applies the preclusion principles of federal CL propounded by the Supreme Court. I.e, the federal CL mutuality rule: the federal rule of claim and issue preclusion.
Term
What is the rule from Semtek (Recognition of Federal Court Judgments - Diversity Cases)?
Definition
The preclusive effect of a federal court diversity judgment is determined by referring to the preclusion law of the estate in which the federal court sits.
Term
Do federal courts need to give FF&C to state court judgments?
Definition
Yes, Parsons Steel held that a federal court must give FF&C to a stte court judgment even if its wrong. Source: 28 U.S.C. § 1738.
Term
As for the exception for cases within the exclusive jurisdiction of federal courts, what is the 2-step test developed by the SC in Marrese which determines whether there is preclusion?
Definition
  1. Would the federal suit be precluded by the judgment law of state X?
  2. If so, do the exclusive jurisdicton provisions of the antitrust law work an implied repeal of §1738?
Term
Does §1983 alter the federal courts' obligation to give FF&C to state court proceedings?
Definition
No. There is no exception for §1983 cases. AllenMigra
Term
Does Title VII alter the federal courts' obligation to give FF&C to state court proceedings?
Definition
In only one instance. Together, the SC cases of Kremer and Elliot define the respect owed state admin proceedings in subsequent Title VII cases: An admin agency finding reviewed by a state court is entitled to issue preclusion effect, but an unreviewed agency finding is not.
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