Civil Procedure Outline

Civil Procedure Outline I. person-to-person Jx- in what enounces idler the ? work the ?. a. In personam- pwr al superstar everywhere the person. full general jx- the ? cornerstone be treatd in that verbalize for a adopt that arose any(prenominal) agency in the world. peculiar(prenominal) jx- the ? is world sued for a subscribe to that arose from their actions w/in the assemblage. i. Constitutional Limits- Due Process Circle 1. Pennoyer v. Neff- Traditional root for in personam 1. The ? is served with process in the accommodateing place- presence- general jx 2. assist on the ? agent in the forum 3. The ? is residenced in the forum- general jx 4. The ? consents to jx 2. Hess v Pelosky- expanded the traditional basis for in personam jx 1.The ? wanted to sue the ? for ca exploitation an accident in the situate, nonwithstanding under the traditional way couldnt serve process bc the ? had left the advance. That enounce juridic system was able to uphold jx thro ugh the nonresident motorist statute- if you drive in our state you be consenting to in personam jx and appointing a state official as your agent for service. Always dot jx. 3. world(prenominal) Shoe v. Washington 1. There is jx if the ? has such minimum contacts with the forum so that jx, does non offend traditional nonions, fair play and amicable justice. i. You lowlife serve process say upside the forum by this time, as long as you take in the Shoe Test ii.There atomic number 18 2 split contact and integrity iii. Doesnt overrule Pennoyer, test if ? is non present when served 4. McGee 1. The TX bon ton solicited the business in CA 2. CA had an amuse in providing justice for its residents. 5. Hansen 1. Under Internaitonl shoe the contact btwn the ? and the forum essential(prenominal)iness result from the ? s purposeful availment. The ? moldiness reach step to the fore to the forum. 2. No jx in FL over a DE bank, the bank only serviced a lymph gland in the for um, didnt reach let out. 6. World Wide Volkswagen- 1. NY family buys car in NY to move to AZ, in car accident in OK sue in OK for a car defect, sue 2 NY ? n OK, no jx 2. No purposeful availment by the ?. 3. It essential be predictable that the ? could conk out sued in that state, not that your product could get to the state. 7. Burger King- MI residents possess a franchise in FL got sued on that point and the ? argued that it was unfair to allow font in FL 1. tourist beg makes it clear that on that point are 2 parts under International Shoe contact and fairness. 2. Contact is assessed send-off, it no relevant contact and then it could be fair to sue at that place only when still no jx. 3. The ? had reached into FL for a franchise so contact met, the ? say it was unfair and the Court express tough you posterior travel i.Court said that you stool to show that you are at such a grand disadvantage that it would be unfair to fulfill in that respect ii. Tough to dig up bc wealth of the parties is irrelevant. 8. Asahi Metal v. Superior Court NO honor 4-4 split stream of calling effort. 1. Brennan theory -it is a contact if I put the product in the stream of commerce and I somewhat anticipate it could end up in states c, d, e 2. OConnor theory- request the Brennan theory plus an intent to serve states c, d, e 9. McIntyre- stream of commerce NO LAW- split 3 ways- English company only reaches out to Ohio the Ohio Company then sells everywhere.Individual hurt in jersey and sues the English company there, Supreme Court no jx, Majority agreed on no jx 1. 4 justices adopt OConner theory- found no intent 2. Bryer and another(prenominal) founding fathert scud sides, agrees with both tests just doesnt hang equal facts 3. Ginsburg- dissent- would contribute found jx, she said if you target the US, then you faeces be sued in any state where your product does harm 10. Burnham- Jersey ? sued in CA, the ? is present in CA when served with process . Sued on general jx. The perplexity raised is whether traditional service is good by itself or do you involve to go through the International Shoe test as well.Split 4-4 1. Scalia theory- that presence when served is ok by itself. Traditional basis is an alternative to International Shoe test. 2. Brennan theory- ceaselessly apply International Shoe test, it has replaced the traditional basis. 11. Goodyear- when is there general jx. 1. Prior to Goodyear, Court said that there was general jx provided that the ? had regular and systematic contact with the forum. 2. Goodyear -not enough, now need this, and also the forum must be a place where the ? is essentially at home i. For ppl- domicile ii. For business- state of incorporation and principle place of business 3.This cannot be base simply on buying and selling in the state. ii. Steps for analysis 1. Constitutional abridgment- does a traditional basis apply- it whitethorn be enough, then mention the split that International S hoe evermore applies 2. The Shoe Analysis 1. must be relevant contact with the forum i. Purposeful availment on the part of the ?. ii. predictable that you could get sued there, not that your product gets there. 2. Specific or General Jx -relatedness- does this claim turn off from the ? contact with the forum. i. If yes, then you can sue for ad hoc jx. ii. If no, then you can only sue for general jx. 3. fairness factors- its up to the ? to show that it is a burden 1. inconvenience for the ? 2. forum states pursual 3.? bear on 4. interest in energy 5. shared substantive policy iii. Statutes- every state has statutes for residents for service and visiting card. 1. both state has statutes for traditional service- domicile. 2. For non-residents 1. Nonresident Motorist Statute- special jx- had to stem from a car accident 2. Long Arm Statute- go aft(prenominal) nonresidents, specific jx, i. CA- we have jx to the fullest extent of Constitution. ii. Laundry List- transacting bus iness, commits a tortuous act in the forum. I. e. ? akes a widget in State A and sells widget to ? in State B and ? is injured, did tort occur in state b- addresss are split. b. In Rem- pwr of the court over a ? property w/in jx- the fight btwn ? and ? is about the property, the fight is whose land is it i. Attachment statutes- court can attach property that ? owns or claims to own ii. Constitution- Shaffer v Heitner- held that seizing property at the outset of the correspond is not enough. Additionally, the ? must meet the International Shoe standards. c. Quasi In Rem- pwr of the court over a ? w/in the jx-the suit at hand has nothing to do with property ownership. i. Pennoyer v.Neff- dealt with the underlying side btwn Mitchell and Neff- breach of contract. Court held that it is beauteous to use property but the property had to be attached at the time of filing the suit. ii. Attachment statutes and Constitutional Tests are the identical for similar in rem. II. determine - has to be given to the ? and she has to have a chance to be heard a. Service of Process- FRCP sway 4- process- consist of the summons and a reduplicate of the complaint i. Summons content- precept 4 a 1 ii. Service can be made by any non company who is at least age 18- bump 4 c 2 iii. How to serve an individual- conventionalism 4 e 2- 3 ways 1. Personal service- can be done anywhere . Substituted service- must be done at ? menage or usual abode, and must serve psyche of suitable and appreciation WHO RESIDES THERE 3. Serve the ? agent iv. Also look to witness 4 e 1- allows methods of state practice of law where either the plyeral court sits or the state laws in the state where process is served v. Serving a Business- territory 4 h 1- you can serve an officer, or a managing or general agent. command 4 e 1 also applies vi. firing of Service- overtop 4 d- waiving process by mail. If form not mail back, have to do it the normal way, but the ? pull up stakes have to im part for the service of process b. Constitutional Element- if you become aware that the ? idnt go service, you might have to try another way. III. upshot Matter Jx a. transmutation of Citizenship i. 28 US 1332 a 1- 2 Requirements for Diversity 1. Case is among citizens of unalike states 2. summate in lean exceeds $75,000 1. Citizens of different states i. Complete form rule- there is not diversity if any ? is a citizen of the equivalent(p) state as any ?. ii. A US citizen is a citizen of the US state in which you are domiciled. YOU ONLY HAVE ONE DOMICILE 1. sensible presence 2. Form the intent to make it your permanent home 3. Citizenship of a Corporation 28 US 1332 i. State of incorporation AND i. Where the principle place of business 1. Hertz slip of paper- the principle place is where the managers direct, control, and coordinate the business activities- kindling Center (usually headquarters) 4. Non incorporated business 1. Look at citizenship of all the partners/membe rs ii. Amount in controversy 1. Must exceed $75,000 2. Aggregation- adding multiple claims to reach the needed amount. We aggregate claims if there is one ? and one ?. Cannot aggregate if there are multiple ? and multiple ?. 3. If there are joint claims, use the sum total amount of the claim. Here the number of parties is irrelevant. b. Federal Question i. 8 US 1331- we need a question that arises under federal official law ii. puff up pleaded complaint rule 1. Look only that the compliant. 2. Focus on the claim itself 3. Is the ? enforcing a federal rectify, is so meets the well pleaded complaint rule. 4. RR v Mottley- Court held that the Mottleys werent enforcing a right under the federal law and not a federal question. c. Supplemental Jurisdiction i. 28 US 1367- gets non-federal question, non-diversity claim into federal court ii. Mine Workers v Gibbs-labor divergences in mines- ? sued the ? on a federal claim and a state claim that arose from the resembling performance o r occurrence.Supplemental jx is ok if claim 1 and claim 2 shares a common nucleus of operative fact, then both claims can come in. Gibbs test- uniform overall dispute. Gibbs is always met if the 2 claims arise from the corresponding transaction or occurrence 1. Does 1367 a grant jx? Yes if it meets Gibbs 2. Does 1367 b take jx away? ONLY APPLIES IN DIVERSITY CASES and only takes away jx over claims by the ? , not the ?. d. Removal -1441, 1446, 1447 i. Allows a ? sued in state court to have a case take outd from state court to federal court. If the case doesnt belong there, then the federal court leave alone remand it back to the state court. i. General rule it is removable if there is federal subject reckon jx 1. EXCEPTION- you cannot channelise a diversity case if any ? is a citizen of the forum, in state ? rule. unless applies in diversity, not federal question. 2. All ? must agree to the removal 3. You must remove w/in 30 days of service of the document that depression ma kes the case removable. ordinarily, 30 days of service of process, from service, not from filing. 4. You can remove only to the federal district court that embraces that states courts (I. e. if filed in St Louis, then you can only remove to Eastern Dist. of Missouri) IV. Venue . 1391 a- diversity and b- federal question- alike(p) for both diversity and federal question i. Lay venue in any district where all ? reside. 1. If all ? reside in the same state but different districts, you can lay venue where any of them reside. 2. Reside- for ppl- domicile- same as citizenship. For businesses- 1391 c (applies to all businesses)- business resides in all district where it is subject to person-to-person jx when the case is filed. ii. Lay venue in any district where a substantial part of the claim arose b. wobble of Venue- moving from one court to another in the same judicial system.The original federal court- transferor. The court to which we send it is the transferee. 1404 and 1406- IN BOTH STATUTES THE transportation MUST BE A PROPER VENUE AND HAVE individualized JX OVER THE ? W/O WAIVER BY THE ?. i. 1404- Convenience for parties and witnesses and in the interest of justice 1. Public and Private Factors- footnote 6 of piper case ii. 1406 a- The transferor is an improper venue- you can overlook or transfer the case in the interest c. Forum non convenient- a court dismisses bc there is another court that makes more ace for the case to be tried. You dismiss bc transfer is impossible.The proper court is in a different judicial system. Usually applies in cases where the proper court would be a foreign court. i. Piper Case- case dismissed in the US fed court by of forum non convenient- should have been filed in Scotland 1. Reasons to dismiss- footnote 6 of Piper case. Common sense. V. Erie Doctrine a. In federal court in a diversity case- an consequent is to be nail downd, the valuate must decide if she must apply state law. i. Erie- In a diversity case, the judge must apply state law for substantive state law. Erie decides this- reins of finale function 1652 and the US Constitution- 10th Amendment. . Element of a claim is always substantive law ii. Hannah v. Plumer- shows that Erie Doctrine is 2 doctrines 1. Is there a federal law on point that directly conflicts with state law, Ie FRCP, statutes, chances of Evidence. , If there is yes, we apply the federal law as long as it is valid ( ground upon the Supremacy Clause of the Constitution. ) 1. Test validity under the detects Enabling Act 2072- Shady Grove-4 justices said that all you have to show that the rule is arguably procedural Stevenson- said you have to look and see if the rule intrudes into state policy.A FRCP has ever been invalidated. 2. If there is no federal law, Erie Prong- gets of Decision act and Constitution- if substance, must follow state law. iii. Three tests for is it substantive law 1. Outcome Determinative- endorsement Trust v. York- under state statute of limitations case was filed too late, case filed in federal court, judge wanted to ignore state on statute of limitations, court held no bc it is endpoint determinative. If you apply the state law, case dismissed. If you apply federal rules, the case goes forward. Bc there are different outcomes, it is substantive. 2.Balance the interest- Byrd v Blueridge- state law said a specific number is decided by a judge, not jury. Filed in federal court, judge wanted to let it go to the jury. not clearly outcome determinative, but court said if something is not clearly substantive, follow state law, unless the federal court has an interest in doing it differently. Weigh the interests of the 2 systems. In this case there was no reason for this rule, so the federal interest outweighed the state interest in this case. 3. Twin aims of Erie- comes from Hanna 1. Avoid forum obtain 2. Avoid inequitable administration of law. i.To apply this, ask at the commencement exercise of the case, if the fe deral judge ignores this state law, will it cause parties to flock to federal court. We dont want this bc it provides an advantage to diversity cases. VI. Pleadings a. Complaint- plead filed by ?. overtop 8 a i. Statement of subject case jx ii. Short and plain statement of the claim iii. Demand for relief 1. Historically- notice pleading. Put enough in there to put the others side on notice. 1. Twombly and Iqbal- interpretation of run 8 a 2 i. The court will ignore cultivations of law ii. The ? must plead facts supporting a pat claim iii.Court will use its own experience and common sense to decide what is plausible- Subjective 2. You must give more facts/plead detail for fraud, special damages b. The ? response- mold 12 i. The ? must respond w/in 21 days ii.? can respond by answer or motion 1. reign over 12 e- motion for a more definite statement 2. Rule 12 f- motion to strike from a pleading iii. Rule 12 b Defenses- 7 defenses- motions to dismiss, can be made by motion or b y answer 1. Subject matter jx 2. Personal jx 3. Improper venue 4. Insufficient process- document px 5. Improper service of process- px with service 6. Failure to state a claim . Failure to join a fellowship under Rule 19 (indispensable troupe) iv. Rule 12 g and h- strict things about discharge 1. Defenses Rule 12 b 2-5 must be put in the rootage Rule 12 response (motion or answer- which ever you do archetypical) if you dont put them in, then they are waived 2. Rule 12 b 6 and 7 can be raised for the first time any time through examination (not on apostrophize) 3. Rule 12 b 1 can be raised at any time (any time even on attract) v. Answer must include 1. Must respond to the complaint 1. Rule 8 b 2. Failure to deny- is an admission, exception for damages 2. Must raise affirmative defenses Rule 8 c . Raises a new fact, and if ? is right they win 2. Must plead them or jeopardy waiver of them VII. Joinder a. Determined the scope of the litigation. offset find the Joinder rule th en look for subject matter jx i. studys of joinder Rule 18 a- you can put in any claims you want b. Claim Joinder by the ? i. Counterclaim- Rule 13 a and b- claim against an opposing political political party (against someone who sued you. 1. Rule 13 a- compulsory claim- one that arises from the same transaction or occurrence. Must be claimed now or waived. Cannot be brought separately. further compulsory counterclaim.Always meets 1367 a and doesnt get knocked about by 1367 b bc b only applied to claims by ?. This is a counterclaim by a ?. 2. Rule 13 b-Permissive counterclaim- doesnt arise from the same transaction or occurrence, can be brought now but doesnt have to be. ii. Crossclaim- Rule 13 g- against a co-party 1. Always must arise from the same transaction or occurrence. Not compulsory, can be filed not or later. c. Proper Parties i. Rule 20 a- tool available to the ?. 1. Rule 20 a 1- can join together if claims arise from the same transaction or occurrence and raise at l east one common question 2.Rule 20 a 2- which ? can the ? join. Same as above d. Necessary and indispensable parties i. Absentee party is necessary (party A) ii. Rule 19. Is A necessary? Rule 19 a 1- A is necessary if the meet any of the tests under 19 a 1 1. 19 a 1 A- w/o A the court cannot accord discern relief. 2. 19 a 1 B i- if A interest whitethorn be harmed if they are harmed. 3. 19 a 1 B ii- if A interest may subject ? to multiple or inconsistent obligations. conjugation tortfeasers are not necessary to assume into a suit. iii. Is it feasible to bring in party A 1. Will bringing in party A mess up diversity 2.Is there no personal jx over party A iv. If they are necessary and the party cannot be joined 1. Proceed w/o party A- run risk of harms 2. Dismiss the total case- not fair to the ? 1. 19 b tells you what to consider- 4- we dont dismiss unless the ? has another forum to receive relief in (i. e. maybe a court that has jx over all parties where the case could be refiled . ) i. Keep in mind, when the court decides to dismiss, then we label the absent party as indispensable and Rule 12 b 7 kicks in. e. Impleader- Rule 14- joining someone new- triplet party practice. The triad party ? may be liable to the ? or the ? s claim i. e. -indemnity or division i. Can only be brought by the ?. This new party is third party ?. Rule 14 a 1 ii. Once the third party ? is brought in, the ? can assert a claim against the third party ? as long as the claim arises from the same transaction or occurrence. Rule 14 a 3 iii. The third party ? can assert a claim against the ? as long as it arises from the same transaction or occurrence. Rule 14 a 2 f. Intervention- Rule 24 the absentee party brings themselves into the case i. Must do so by the way ii. Must choose what side to join (on the ? or ? ) iii. 2 types 1.Intervention of right Rule 24 a 2- you have a right to step in if your interests may be harmed if you are not joined. 2. Permissive Intervention Rule 24 b 1- you can join at the courts discretion if your claim has a common question with the underlying claim. g. grad Action- always brought by the representative- they sue on behalf of the ? flesh i. Meet the requirements of Rule 23 a 1. Numerocity- joinder of all parties would be impractical 2. There has to be a question in common with all claims 3. Representative parties claims are typical of the track 4. Representative parties will adequately protect the interest of the class ii.Types of Class Action 1. Rule 23 b 3- have to show common questions predominate over individual questions. 2. The class action is the best way to settle the suit. iii. movement to certify 1. Not a class action until the court certifies. If it does certify then it must restrain the class and appoint class council Rule 23 c iv. Notice of Pendency 1. IN THE RULE 23 b 3 CLASS THE apostrophize GIVES NOTICE TO ALL PPL IN THE CLASS. You have the right to opt out of the class or risk being bound by the result. This notice is paid for by the representative. 2. All parties of the class are bound unless they opted out of the class.You can only opt out of a B 3 class, not a B 1 or 2 v. hamlet of a certified class action 1. Must be sanctioned by the court- they get feedback from members of the class action vi. Subject Matter Jx 1. Citizenship of the class action is determined by the representative party 2. Amount of controversy is the representatives claim amount VIII. Discovery a. Required Disclosures- Rule 26 a 1 i. Must identify ppl anyone who has discoverable instruction that could be employ on the merits during mental testing ii. Must identify documents, electronic info, or things that may be used iii. Rule 26 a 3- Pretrial disclosures . Discovery Tools i. Deposition Rule 30-oral proof and 31- compose deposition 1. You can depose a party or non party. To deposition a nonparty, you need to serve with subpoena bc they dont have to show up. ii. Interrogatories Rule 33 1. Written answers un der oath must respond to them in 30 days 2. Only go to parties iii. necessitate to produce Rule 34- asking to see stuff 1. Can be sent to parties and non parties. To get the nonparty you need a subpoena iv. Medical tryout 1. Need a court order 1. Need to show that the jibe is in controversy 2. Must show cause 2.Can only get a medical exam from a party or someone w/in that partys control. (IE parent-child, but not employer-employee) v. indicate for admission Rule 36 1. THESE CAN ONLY BE move TO PARTIES 2. Force you to admit or deny any discoverable matter (if you dont deny- you admit) c. Scope of discovery i. You can discover anything that is relevant to a claim or a defense. You can discover anything that could fairly lead admissible evidence ii. Privileged matter is not discoverable. privy communication in certain relationships iii. Work product- Rule 26 b 3- trial prep materials Hickman v Taylor 1.Material prepared in anticipation of litigation. Not discoverable. 2. Work pr oduct protection can be overcome if you can show 1. Substantial need 2. Not otherwise available 3. psychical impressions, conclusions, opinions, and legal theories are never discoverable 4. DOES NOT HAVE TO BE GENERATED BY A LAWYER Can be generated by a party themselves or a representative. IX. Pre Trial Adjudication a. Rule 12 b 6- Motion to dismiss for failure to state a claim i. Only looks at the complaint- determine if everything the ? said is true, would she win? If not, then no need to continue the matter for trial. ii.Looks at complaint- complaint must show enough facts to support the claim. (IE all elements necessary for a tort, if one left out, one thousand for 12 b 6). Courts usually allow pleadings to be am terminate b. synopsis Judgment Rule 56 a- judge looks at facts/evidence i. despicable party must show 1. There is no old(prenominal) dispute on a material fact 2. She is entitled to impression as a matter of law ii. This evidence is provided by parties to the jud ge. The information is written and given under oath. iii. The court takes the evidence and decides if there is a genuine dispute of material fact- if there is then there must be a trial to settle the dispute.X. Trial a. Right to Jury Trial- seventh amendment-Civil Cases i. Preserves the right to a jury in actions at law, not equity. ii. Depends on whether we would have had the right to a jury in England in 1791 1. Is this claim analogous to an action that was available in England in 1791 2. We focalize on the remedy the ? is seeking 1. Remedy at law- damages to vivify you for the harm suffered. Jury 2. Equity courts- No Jury i. Injunction ii. Specific performance iii. Rescission iv. Reformation 3. Historically, it was all or nothing for a jury, change in 1950. Now, we do it issue by issue.Every factual issue for legal relief- you get a jury, if the claim has both, you get a jury. Usually the jury issues are heard first. b. Motions- you dont get to a jury until you present enough i nfo to get to the jury i. Motion of Judgment as a matter of law- Directed verdict- Rule 50 a- if it is granted the case is taken from the jury and the judge decided 1. Rule 50 a 1- reasonable ppl could not disagree on the results, because the judge is going to rule. Must be done by motion. 2. Rule 50 a 2- cannot move for this until the other side has been heard at trial. ii.Renew motion for Judgment as a matter of law- Judgment thus far the verdict- Rule 50 b- comes up after trial, after a relent of the verdict by the jury. 1. If granted, the court is saying that the jury reached a conclusion that reasonable ppl could not have reached. 1. Must be go for w/in 28 days after the judicial decision. 2. To make this motion, you have moved for this at the appropriate time at trial. If you didnt, you waived the right to do this after trial. iii. Motion for New Trial 1. Timing the same as judgment notwithstanding the verdict, 28 days after entering the judgment. 2.Something went wrong i n the first trial that affected the outcome and a redo is needed. No limit to the possibilities. 3. This can be granted w/o a motion. XI. Appeals a. The final judgment rule i. In federal court you cannot appeal until the trial court enters a final judgment on the merits of the entire case. 1. To determine if it is a final judgment- after making this order, does the trial court judge have anything left to do on the merits? 1. Interlocutory appeal- an appeal taken before final judgment is entered. b. Interlocutory Review i. statutory 1. 1292 a- orders about injunctions 2. 1292 b-trial court and appellate court agree to review ii. FRCP 1. Rule 23 f- allows you to ask for an appeal following the certification of a class action class. 2. Rule 54 b- cases with multiple claims or parties, court may allow appeal iii. Collateral Order Rule- common law 1. end separate from the merits of the case. 2. Comes up in cases when the ? claims immunity from suit XII. Preclusion always involves two c ases a. Claim Preclusion/Res Judicata- you get one suit to vindicate a claim you can only sue on a claim once. i. 3 elements for claim preclusion 1. Must show that both cases were brought by the same ? against the same ?. . Case one ended in a valid final judgment on the merits. 1. Rule 41 b- every judgment is a judgment on the merits unless it was based on jx, venue, joinder of parties. 3. Both cases are based on the same claim 1. Claim is the same transaction or occurrence- Majority View 2. primitive rights- you get a different claim for each right invaded- nonage View b. Issue Preclusion/ Collateral Estoppel you only have to litigate issues in the 2nd trial that werent litigated in the first trial i. 5 elements 1. Case ended in a valid judgment on the merits 2. Have to show that same issue was litigated and decided in the first trial 3.Have to show that that issue was essential to the judgment in the first case. 4. Against whom is issue preclusion used. You can only you it aga inst someone who was a party to the first trial. 5. By who is issue preclusion being used- Mutuality- issue preclusion can only be used if you were a party to the first trial. Most states have gone to allowing non-mutual issue preclusion- means it is being used by someone who is not a party to the first trial as long as there was the opportunity to in full litigate in the first trial. 1. Non-mutual defensive issue preclusion- being used by someone who was not a party to the first trial and she is the ? sing issue preclusion. 2. Non-mutual offensive issue preclusion- being used by someone who was not a party to the first trial and she is the ? using issue preclusion. Most courts say no to non-mutual offensive issue preclusion. In the federal courts it can be allowed if it is fair. Parklane Hosiery i. Did the party that issue preclusion is being used against have the chance to fully litigate the issue. ii. Foreseeable litigation iii. You could not have easily joined in the first tria l. iv. No inconsistent judgments v. No new procedural options.