Tues. Nov. 27

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Tues. Nov. 27
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terminating litigation before trial
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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.
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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
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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
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- 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 Ps affidavit is the only evidence
that he has that Ds motive for not promoting P
was age, should D win on his summary judgment
motion?
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- 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
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- 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.- Xs family sues
Insurance Co. for insurance proceeds on the
ground that Xs death was an accident- Insurance
Co. moves for summary judgment
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trial
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right to jury
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jury selection
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presentation of evidence
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directed verdict(judgment as a matter of law)R.
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jury verdict
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judgment n.o.v.(judgment as a matter of law)R.
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judgment
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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. 
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preclusive effect(res judicata)
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claim preclusion
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there must be a final judgment
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- 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
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- Example P sues D for fraud- P loses- Next day
P discovered that D fabricated evidence- P sues
D again for fraud- what result?
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- 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?
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prior action pendingclaim splitting
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the judgment must bevalid
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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?
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the judgment must beon the merits
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- 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