Jury Trial, Motions 4 New Trial, Appellate Review, Claim Precl, & Issue Precl.

Jury Trial

  1. Seventh Amend. Rt 2 Jury
    1. Not binding on states
      1. Not incorp'ed through 14th amend. so states can abolish in civil
    2. Only Const. Rt. that's ez 2 waive
    3. Might want 2 discard jury trial b/c can't understand complex material
    4. FRCP b/c not trust jury
  2. C/L & Equity
    1. Suits @ law always had jury trial, $ damage, & statutory C/A incl'ed as well
    2. Equity involved injunction, admiralty, ecclesiastical, etc. & no jury trial
  3. Fusion of C/L & Equity in 1938
    1. 7th Amend. only allows jury trial 4 C/L not equity, so couldn't compl'ly fuse
    2. Prob's when case rep. both C/L & equity / didn't know which it was
  4. Beacon Theatres, Inc. v. Westover
    1. Jury Trial 4 Facts Common 2 Both Legal & Equity
      1. Jury's dec. binds the judge but judge doesn't have 2 give injunction if jury finds guilty
      2. Jury's dec. is issue precl. 4 purposes of equitable part of the case
    2. C/L
      1. Decl. jgmt (only a preemptive strike)
      2. Compulsory counterclaim (against equit. as well)
    3. Equity
      1. Injunction
      2. Judge can grant temp. injunction which R'nt final
    4. If P seeks alt. relief of either equit. / leg., then rt. 2 jury unless abs. election
  5. Dairy Queen, Inc. v. Wood
    1. Rt 2 Jury Trial If Any Aspect of Leg. Remedy
      1. P arg'ed leg. claim incidental b/c really ask 4 injunction & acct'ing
    2. X Can Change Equit. Remedy 2 C/L Remedy
      1. Acct'ing consid'ed C/L now b/c not as complicated 2 understand 4 the jury although was equit. before b/c was 2 complex
  6. Ross v. Bernhard
    1. Expand Scope of C/L by Decr'ing Equity
      1. Class & derivative axns where sue on behalf of somebody else were equity
      2. Initial proced. of bringing axns is still equit. but det'ing merit is C/L so jury trial
      3. Jury trial being preserved doesn't mean exact proced. from 1791
    2. Equity only when no adeq. remedy @ law
    3. Footnote Test: Leg. Nat. of Issue Dec'ed by
      1. Pre-merger custom: not really relev.
      2. Remedy sought: really imp. (Tull, Nordberg)
      3. Pract. abilities & limitation of jury: confused everybody
    4. Const'al Rt v. Fairness
      1. Since Const'al rt., not matter if unfair
      2. Yr. 1791 still does control which isn't fund'ly fair 4 today's issues
  7. Curtis v. Loether (civil rts case)
    1. Statutory Rt of Jury Broader than Const'al Rt. 2 Jury
      1. B/c 7th amend. not bind on state, Cong'al statutory rt of jury in concurr. jxn has more impact
    2. Stand.: 7th amend. 4 axns enforcing statutory rts & req. jury trial on demand if statute creates legal rts & remedies enforceable in axn 4 damages in ord. cts of law
      1. Ord. cts of law is dist ct. not state, Sup Ct / tribunal
  8. Atlas Roofing Co. v. OSHA Commmission
    1. Pub. Rt Exception
      1. Narrow exception where US is party, gen'ly P
      2. If sue govt as sov, then 7th amend. not give rt unless govt waives
      3. Tribunal case & suit 4 safety & pub. rt.
      4. At times, Cong. can take cases from ord. ct & put 2 legislative, Cong., / adm. cts where 7th amend. not matter (Curtis) but limited 2 involving govt
  9. Tull v. US
    1. Bifurcation: Jury Dec's Liab. but Judge Dec. Damages
    2. Punitive Damages & Cong'al Latitude
      1. Remedies like penalty which was trad'ly dec'ed by jury
      2. But Ct said Cong. delegated 2 judge of det'ing civil penalties in statute & jury 2 det. liab.
      3. Not an essential fn. of jury & not req'ed 2 have jury trial 2 det. damage
  10. Katchen v. Landy (bankruptcy)
    1. Bankruptcy is like equity (maybe)
    2. Creditor filed claim so waived 7th amend.
  11. Granfinanciera v. Nordberg (bankruptcy)
    1. Can't Read All Bankruptcy as Equity: Jury Trial In Bankruptcy
      1. Here, creditor didn't want 2 B in trial b/c trustee's fraud so rt 2 jury trial
      2. This is suit 4 fraud not figuring out prorata share like Katchen
  12. Chauffeurs Teamsters & Helpers Local 391 v. Terry
    1. Not Binding on State Case
    2. Remedy 4 C/L
      1. Punitive / compensatory then jury trial but NOT restitution
  13. Some States Have Const'al Rt 2 Judge in Equity But Not in Fed
  14. Galloway v. US
    1. No Const'al Rt 2 Jury 4 Suing US as Sov.
    2. Dir'ed Verdict & Jury Trial
      1. Dif. from 1791 where demurrer 2 evid. & getting new trial had stand. of not taking cases away unless no evid.
      2. But ct uses dif. stand. 2 say real substance preserved, not proced.
    3. Rule 50: Dir'ed Verdict & Sum Jgmt
      1. Stand. similar 2 sum jgmt (suff. evid. 2 go forward) b/c see if suff. evid. 4 jury
      2. Sum jgmt is pretrial, affidavit but dir'ed verdict is trial, evid. motion
    4. Strategy of Dir'ed Verdict
      1. Want 2 lose b/c want 2 go through trial & if lose in trial, then appeal 2 say should've won dir'ed verdict
      2. If win, other side can appeal

Motions 4 New Trial

  1. Rule 59: Motion 4 New Trial
    1. Discretionary Motion in Fed
      1. But if in state which req's, then if not make the motion & appeal, can't raise the pt b/c statute says must raise issues by motion 4 new trial
      2. In fed, b/c discretionary, can waive
    2. X Per.
      1. Sub b says 10 days after jgmt, not when verdict
      2. Rule 6)b says can't extend by ct even 4 good cause
      3. If not X'ly motion, can't appeal / get new trial
      4. Can go 2 Rule 60 if can't do it w/in 10 days
    3. Strategy
      1. Two opp's b/c if deny motion, then can still appeal
      2. But may B better 2 appeal b/c if new trial denied, may influence appellate ct b/c judges explain their denial
    4. Nonfinality of Jgmt 2 Grant New Trial Motion
      1. D can't appeal b/c not final
      2. If D loses in new trial, ct. probably would not disrupt the error b/c looking from hindsight
      3. Motion 4 new trial suspends the finality of jgmt 4 purposes of appealing
    5. Judge's Discretion 4 New Trial
  2. Magnani v. Trogi (Berch dislikes the case)
    1. Harmless Error Then No New Trial
    2. Not Rely on This Case
      1. Rare that ct wouldn't assist P's
      2. If obj. 2 verdict form, would req. specificity gen'ly & would consid. the matter waived by failing 2 ask
  3. Aetna Casualty & Surety Co. v. Yeatts
    1. Rule 50 v. Rule 59: Motion 4 Dir'ed Verdict v. New Trial
      1. If P has low evid., then Rule 50's dir'ed verdict as matter of law
      2. In motion 4 new trial, little more evid. b/c enough 2 go 2 jury so Rule 59 & not jgmt as matter of law
      3. Judge is like another juror in new trial motion so weigh testimonies but in dir'ed verdict, must assume witnesses R truthful
    2. Deference 2 Trial Judge
      1. Gen'ly appellate not overrule denial of new trial if enough evid. 2 go 2 jury b/c can't say denial is abuse of discretion
  4. Fisch v. Manger
    1. Additur & Remittitur
      1. Condition grant of new trial on getting approval of 1 party 2 lwr / incr. the jgmt amt
      2. Additur adds the amt & remittitur remits the amt
      3. Fed allows remittitur but not additur
      4. Remittitur tells P that P won but not enter jgmt on that amt & make P accept lwr amt w/consent then enter
      5. D can still appeal but goes back 2 orig. amt then & if P not accept, then new trial
    2. Jury Compromise Probably In This Case But Allowed Trial On Damages Only
      1. Allowed additur in this case
    3. Gen'ly Not Give Dir'ed Verdict in PI
  5. Pwr v. Allstate Ins. Co.
    1. Arist Mean Stand. Adopted 4 Remittitur
      1. What judge thinks is rsbl jury would've given
      2. Overruled Heimlich v. Tabor which placed lwest amt jury would give as stand.
      3. 3rd possibility that give highest amt that jury would've given (Berch likes this)
  6. Rule 60: Relief from Jgmt / Order
    1. Final Jgmt
      1. Must B final jgmt 2 invoke this rule
    2. Six Categories
      1. First 3 limited 2 X per. of 1 yr.
        1. Sub 1: Mistake, inadvertence, surprise: gen'ly default sit
        2. Sub 2: Newly discov'ed evid.
        3. Sub 3: Fraud, misrep, / miscond. & fraud can B intrinsic / extrinsic
      2. Exceptions 2 X Per. Limitation
        1. Hazel Atlas Glass Co v. Hartford Empire Co.: Fraud upon ct so not limited 2 1 yr.
        2. Equitable Axn: Permit indep. axn in equity 2 set aside jgmt
      3. Last 3 Not Limited 2 X Per
        1. Sub 4: Jgmt void: default / subj matter jxn stuff
        2. Sub 5: Jgmt release, satisfied, discharged / prior jgmt based on reversed
          1. When P takes F1 jgmt 2 F2 2 collect but F1 jgmt gets reversed, then can invoke this rule
          2. Can also move 2 vacate if no longer equit. that jgmt should have prosp. application like injunction b/c can't go dir'ly 2 appellate w/o vacating old jgmts
        3. Sub 6: Any other rsn: must B more than 1st 3 categories
  7. Hulson v. Atchison, Topeka & Santa Fe Ry
    1. Rule 6 Violation B/C Ct Ext they did but now they can
    2. Jurors still can't testify 2 their thoughts b/c can't prove
  • McDonough Pwr Equipment v. Greenwood
    1. Juror's Response as Grounds 4 Impeachment
      1. Lied
      2. Affected partiaility

    Appellate Review

    1. Rules & Statutes
      1. Statute §1291 & 1292
      2. Rule 54)b
      3. Rule 4)a of Fed Rules of Appellate Proced.
    2. Sum Jgmt & Appealability
      1. Denied
        1. Can't appeal b/c interlocutory & not final since not on merit by §1291
        2. Can appeal after trial, but another hindsight prob.
        3. Could appeal by §1292)b & certify 2 ct of appeals in 10 days so escape final jgmt rule
          1. Only on controlling quest. of law
          2. Dist ct agrees w/U
          3. Ct of appeals willing 2 take
      2. Granted
        1. Can appeal b/c final by Rule 58
        2. Rule 4)a of fed rules of appel. proced. says 30 days 2 appeal & if don't, can never appeal
        3. If multiple party & 1 party's sum jgmt granted, can appeal if express lang. of Rule 54)b
    3. Liberty Mutual Ins. Co. v. Wetzel
      1. Can't Use Rule 54)b 4 Single Claim Relief
        1. If pled decl. jgmt, then would work b/c sep. claim
      2. Can't Use §1292)a 4 Liab.
        1. This statute only 4 injunction
    4. Rule 4)a of Appellate Rule of Proced.
      1. Sub a)4 Gives 30 days 4 X'ly motion
        1. If deny new trial motion, then 30 days from X when denied
      2. Sub a)5 says another 30 days 4 negligible excuse from the expiration
    5. Rule 6: On How 2 Count Days
    6. Final Jgmt & 1 Appeal
      1. Only 1 appellate rev. 4 everything so not have 2 go back & forth
    7. Suspension 4 Purposes of Appeal
      1. Rule 60 doesn't suspend anything so must appeal by 30 days
      2. Rule 59 suspends everything
    8. X'ing of File
      1. Rule 4)a)2 of appellate proced. says if notice of appeal after ct announces dec. but before jgmt entered, treat as filed on date of & after entry so early filing o.k.
    9. Cohen Exception
      1. Main goal 2 prevent irreparable harm
      2. Reqt's
        1. Not subj 2 revision by Dist Ct / disposes of something
        2. Not enmeshed in the merit of the case
        3. Unreviewable later on
      3. Subj. Matter Jxn
        1. Not final & appealable after so fails 3rd prong of Cohen
      4. Any lack of Jxn
        1. Not final in any of them so not Cohen Rule
      5. Qualified Immunity & Abs. Immunity 4 Cohen Rule
        1. Imm'ly appealable b/c meet all 3 prongs of Cohen
      6. Class Axn: Denial of Class (Copper Lybrand v. Livesay)
        1. For yrs said was appealable
        2. But Rule 23)c)1 says cond'al order & reviewable later on so not Cohen exception
      7. Counsel's Disqualification
        1. Four possibilities w/crim v. civil & motion granted v. motion denied
        2. Not appealabe order b/c not final & subj. 2 rev. later on theoretically
        3. Practically, hard 2 appeal later when 2nd atty probably is better than 1st so hindsight prob.
        4. Practical rsn that not want lots of cases so trust trial judges
    10. Jury Trial
      1. Can appeal by §1292)b 4 writ of mandamus 4 quest. of law
      2. Seventh amend. jury trial can't B harmless error so can appeal if denied jury trial
    11. Rule 54)b Jgmt
      1. If express reqt's met, then final & X per. 4 appeal runs when that jgmt entered
    12. Appeal as of Rt
      1. Not Exercised
        1. Then can't appeal later so must do it w/in X per.
        2. Can invoke Rule 60 2 get fresh jgmt
    13. Injunction
      1. Statute §1292)a)1
        1. Even though not final, can appeal as of rt
        2. Order dissolves, refuses, modifies, grants, etc.
      2. Not Subj. 2 Rule 54)b
      3. Temp. Restraining Order (TRO)
        1. Not appealable b/c not w/in §1292)a)1
      4. Prelim. Injunction
        1. Can appeal but not penalized 4 not appealing
        2. If prelim. injunction becomes final, can still appeal

    Res Judicata: Claim Precl. & Issue Precl

    Claim Precl.

    1. Final Jgmt
      1. What Might Have Been Brought
      2. Merger: When successful P, then jgmt merged all trxn'ly rel'ed claims
      3. Bar: When successful D & P tried 2 find another way 2 prevail then barred
      4. Trxn'al Rel
        1. Can't change theories 2 bring in same claims
        2. Changed meaning over time b/c don't want P come back repeatedly
      5. Privy
        1. Restrictive class before but that class expanded now
      6. Merit changed in meaning 2 incl. Rule 12)b)6 jgmts unless ct orders otherwise
      7. Jgmt takes over & C/A can't B sep'ed once jgmt given b/c becomes something new
    2. Rule 41)b
      1. Except 4 any jxn'al stuff, dismissal is adjudication on merits unless ct says otherwise
    3. Collateral Attack
      1. FF&CC
        1. F2 must look 2 law of F1 4 res judicata
        2. Law that controls res judicata is law that rendered the jgmt
      2. Fed. Law of F1 Controls
        1. Although can argue that state law def's rts & oblgn of parties, 4 Erie, fed. law controls the incident of jgmt
      3. Law of F1 Controls
        1. Whether jgmt final / not
        2. whether something trxn'ly rel'ed / not
        3. Det'ing which persons may take adv. of issues that were det'ed in litg.
        4. If mistake in interp. of F1 law, move on b/c it happens
      4. Domesticate Jgmt
        1. When take F1 jgmt 2 F2 4 exec. of order
        2. F2 jgmt can B set aside if F1 jgmt is reversed by Rule 60)b)5
      5. Latest Jgmt in X Controls
        1. Even if incorrect interp. of law
        2. US Sup Ct has jxn of FF&CC
      6. Aff. Defense that D must Plead of Res Judicata / forever waive

    Issue Precl.

    1. Def's
      1. Privy if virtually rep'ed in axn
      2. Binds subseq. litig. on issues dec'ed btwn parties & privies in final jgmt
        1. Actually litig'ed
        2. Nec. 2 resolution
        3. Not unimp. / tangential
    2. Strangers
      1. Not Privies so Not Binding
      2. Mutuality of Estoppel / Oblgn
        1. No longer the law
        2. Strangers may use issues used against the parties in previous litig. even though couldn't B bound by opposite finding in some X's where F1 law controls the issue
      3. Defensive Issue Precl.
        1. If P lost before, D can set up defensive issue precl.
        2. But if P won, D can make P prove case each X
      4. Offensive Issue Precl.
        1. Gen'ly no offensive use
        2. Allowed when couldn't intervene in 1st case & weren't waiting in the wings 2 take adv. of finding
        3. Dep's on cases & law of F1
    3. Can litig. Issues Not Raised in 1st Trial
    4. Er & EE
      1. ER Not in Privy
        1. If ee wins case by non-neg, er can use that in defensive issue precl.
        2. But if ee lost, er not bound b/c stranger
        3. So P should join them
    5. Crim.
      1. D Convicted v. Acquitted
        1. V's couldn't bring claims before so can use offensive issue precl. if convicted
        2. V's not bound if acquitted

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