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149 Cards in this Set
- Front
- Back
- 3rd side (hint)
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What is the two-step process for personal jurisdiction?
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Whether jurisdiction satisfies the state statute and whether it is constitutional.
What's the difference between federal and state? |
None!
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What are the two types of personal jurisdiction?
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In personam and in rem
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What are the ways that in personam jurisdiction can be permitted?
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1) Domicile
2) Presence in state when served 3) consent (implied and actual) 4) long-arm statute |
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What is the extent of PA personal jurisdiction?
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To the extent the US constitution permits
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What is the constitutional test for personal jurisdiction?
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Does the defendant have "such minimum contacts with the forum so that exercise of jurisdiction does not offend traditional notions of fair play and substantial justice."
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What is the standard for "minimum contacts" in personal jurisdiction analysis?
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1) The contact must result from purposeful availment, D's voluntary act, meaning D must reach out to the forum state.
2) It must be foreseeable that D could get sued in the state. |
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What are the three factors for the "fair play and substantial justice" element of personal jurisdiction analysis?
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1) Relatedness - matters in 2 ways: (a) is there general jurisdiction, meaning does D have "substantial ties with the forum"? If no, then (b) does the lawsuit arise from D's contact with the state?
(2) Convenience - no jurisdiction if D would be a severe disadvantage in the litigation (very tough to show) (3) State's interest in providing forum for its citizens |
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What is the subject matter of jurisdiction for state and federal courts?
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State courts have general jurisdiction and can hear any state or federal case (unless specifically reserved for fed. courts).
Federal courts have limited jurisdiction (Diversity & Federal Question) |
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What are the 2 requirements to invoke Diversity of Citizenship jurisdiction?
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1) Complete diversity on both sides
2) > $75,000 in damages What is the complete diversity rule? |
There can be no diversity jurisdiction if any plaintiff is a citizen of the same state as any defendant
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How is the citizenship of a natural person determined?
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Determined by domicile, which requires
(1) Presence in state (physical requirement) (2) Subjective intent to make it her permanent home Can a person have more than one domicile? |
No, the last domicile sticks until a new one is created
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When does diversity of citizenship matter?
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When the case is filed; subsequent changes have no effect.
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How is citizenship for corporations determined for diversity jurisdiction?
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Corporations are citizens of 2 states
1) Where the state is incorporated, and 2) The one state where the corporation has its principal place of business. |
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For diversity jurisdiction of a corporation, what are the tests for "principal place of business."
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1) Nerve Center Test (where decisions are made)
2) Muscle center (where it does most activity) If tie? Nerve Center What is test the state in PA? |
Both!
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How is the citizenship of unincorporated associations determined?
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Look to the citizenship of all members (including general and limited partners)
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How is the citizenship of minors, decedents, and incompetents determined?
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Same as any person, still looking at their (not the representative's) domicile
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Will a suit filed in federal court, under diversity jurisdiction, with $75,000 in damages be dismissed?
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Yes must be more than $75,000
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How do courts determine the amount in controversy for diversity jurisdiction?
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Look to the complaint and take a P's good-faith word, unless it is "clear to a legal certainty" that recovery of more than $75,000 is impossible
Example? |
Statutory limit on recovery
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In a diversity case, what might happen if P wins less than $75,000?
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Court could award costs to D from P, despite P winning.
Note: Costs do not include attorney's fees |
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When can P aggregate 2 or more claims to reach diversity jurisdiction?
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When there is 1 P and 1 D, and even if there unrelated claims.
Exeption? |
Joint claims (like Ds are joint tort feasors)
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How is the amount in controversy determined for equitable relief in diversity cases?
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One of 2 ways
1) P's viewpoint: harm to P worth > $75,000 2) Would it cost D more than $75,000 to comply with injunction? |
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How is federal question jurisdiction determined?
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Ask whether the plaintiff is enforcing a federal right. If yes, gets FQ jurisdiction
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What is the well-pleaded complaint rule?
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P's claim must be based on federal law and sets forth only a claim, so the court ignores any extraneous information
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What is the test for supplemental jurisdiction?
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The claims must share a "common nucleus of operative fact"
Always met if arising from the same transaction or occurrence |
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What are the limitations of supplemental jurisdiction?
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If there are no FQs, then there must still be complete diversity. Supplemental jurisdiction cannot be used to overcome lack of complete diversity
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What factors can a court weigh to refusing to hear a claim on supplemental jurisdiction?
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1) If FQ is dismissed early in the proceeding, or
2) If state law claim is complex, or 3) state law issues would predominate |
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When does a D have the right to remove a case to federal court?
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D can remove if the case could have been filed by P in federal court, so must have FQ or diversity jurisdiction.
The rules? |
1) Only D can remove
2) One-way Street, parties can't request back to state court 3) Judge can remand if removal was improper |
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In which federal court can a state court case be removed?
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Only to a district court embracing the state court in which the claim was originally filed
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When can a state case be removed?
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no later than 30 days after service of the first removable document
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How does removal work with multiple defendants?
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All defendants must agree to remove.
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Are there any limitations on a defendant's right to remove in diversity cases?
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1) D cannot remove if any D is a citizen of the state in which the state claim was filed.
2) Cannot remove if > 1 year from filing in state court |
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What is the procedure for removal?
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D files notice of removal in FEDERAL COURT, with copy of notice to state court.
P has 30 days to object, unless it's on subject matter jurisdiction (no limit) |
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What might waive D's right to removal?
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Filing a permissive counter-claim in state court (but probably not compulsory counter claim)
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What is the Eerie doctrine?
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In diveristy cases, federal courts must apply substantive law.
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What are the 4 easy substantive law issues for the Eerie doctrine?
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1. Elements of a claim or defense
2. Statute of limitations 3. Rules for tolling statutes of limitations 4. Conflict or choice of law rules |
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In the Eerie doctrine, what should you do if the state law is not one of the easy categories?
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Ask if there is a federal law on point that directly conflicts with the state law. If there is (and it's valid), go with federal law.
Why? |
Supremacy Clause
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Under the Eerie doctrine, which Federal Rules of Civil Procedure is trumped by state law and what's the standard?
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None, no FRCP rule has been held not to apply.
Standard: Arguably procedural |
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In the Eerie doctrine, how should a law be analyzed if it is neither one of the easy categories and there is no federal law on point?
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Analyze pursuant to three tests
1) Would choosing federal/state law change the outcome? If yes --> substantive 2) Balance the interests between federal v. state systems applying their rule 3) Does following the federal rule encourage people to come to federal courts? (forum shopping) |
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What is venue?
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It determines which federal court within a state a suit may be brought in.
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What are the 2 types of actions in a venue context?
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1) Local actions (relating to ownership, possession, and injury to land)
2) Transitory actions (all others) |
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If an action is "transitory" for venue purposes, where may P bring a case?
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Any district where
1) all defendants reside, OR 2) a substantial part of the claim arose. What happens if all D are from the same state? |
P can bring action in any federal court in that state
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Where do defendants reside for venue purposes?
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Natural Persons - Residence = domicile, usually same place as citizenship for diveristy claim
Corporations & other business associations - any district where the entity is subject to personal jurisdition |
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What is a transfer of venue?
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Means sending a case from one federal district court to another.
Requirements? |
P must have been able to file the case in that district, meaning that court must have personal jurisdiction over Ds.
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What does a court consider in deciding whether to transfer the case to a different venue?
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1) Public factors: what law applies, what community should be burdened with jury service
2) Private factors: convenience, e.g. witness/evidence |
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What must P deliver to D to serve D with "process"?
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1) A summons
2) a copy of the complaint |
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In federal court, who can serve process?
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Anyone over 18
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What are the 5 ways that process can be served?
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1) Personal (personally in forum state)
2) Substitute (see other card) 3) Service on D's agent (if within scope of agency) 4) As permitted by state law (either where federal court sits or where served) 5) Waiver by mail |
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How can process by served through substituted service?
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1) At D's usual abode, and
2) To someone of suitable age and discretion who resides there |
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How can process by served by mail?
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1) P sends by first class, pre-paid mail.
2) D then must execute and mail a waiver back to P within 30 days. 3) P files waiver with court. 4) If D fails to return waiver, P then can serve personally or by substitute. Is there a penalty for D not executing waiver? |
Unless D can show good cause for the failure, D must pay expenses for service
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When can a federal court serve process outside the state?
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Only if the state law allows it (e.g. long-arm statute)
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What are pleadings?
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Documents setting or claims and defenses.
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What does "notice" pleading mean?
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The documents need only show enough detail to allow the other side to be on notice and make a meaningful response
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What does a Rule 11 signature on a court document mean?
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That the attorney certifies, to the best of her knowledge and belief and after reasonable inquiry:
1) the paper is not for an improper purpose 2) legal contentions are warranted by law (e.g. not frivolous) 3) the factual contentions and denials have evidentiary support (or likely will after further investigation) |
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What is continuing certification?
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The attorney's signature certifying a court doumenet is recertified every time present to the court.
This includes? |
at signing, at filing, when later advocating the positin
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How do sanctions work with Rule 11 certification violations?
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Court has discretion to impose sanctions to deter bad conduct.
Always includes non-monetary sanctions; monetary sanctions are often paid to the court. |
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Upon a Rule 11 violation, can the opposing party move for sanctions?
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No. process:
1) Motion for violation must first be served to other party 2) party has 21 days to withdraw & fix 3) Only if the party doesn't fix can the motion be filed Can the court raise a Rule 11 problem sua sponte? |
Yes
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What's the standard for notice pleading?
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"Must plead facts supporting a plausible claim"
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What must a principal pleading by a plaintiff include?
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1) Statement of ground for subject matter jurisdiction
2) Short and plain statement of the claim, showing entitled to relief 3) demand for relief sought |
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What three matters must be pleaded with specificity?
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Circumstances of
1) fraud 2) Mistake 3) Special damages |
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How can a D respond to a complaint?
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1) By motion, or
2) By answer |
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What can a D motion before answering a complaint?
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1) 12(e) motion for more definite statement (pleading is too vague)
2) 12(f) motion to strike (for immaterial things) 3) and a 12b defense |
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What are the Rule 12(b) defenses?
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(a) lack of subject matter jurisdiction
(b) lack of personal jurisdiction (c) improper venue (d) insufficiency of process (e) failure to state a claim (f) failure to join an indispensable party Which are waivable? |
(b) lack of personal jurisdiction
(c) improper venue (d) bad process (papers) (e) insufficiency of service of process |
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How and when can Rule 12(b) defenses be raised?
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1) Motion before Answer
2) In Answer |
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What constitutes waiver of a Rule 12(b) defense?
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Failure to include it in D's first response
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What is an answer and when must it be submitted?
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Pleading in response to a complaint.
Must be submitted 20 days after service of process, or 10 days after a motion denying a Rule 12(b) defense |
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What are the 3 responses that an answer can give a complaint?
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1) Admit
2) Deny 3) Insufficient information to admit or deny What is special about #3? |
Acts as a denial
cannot be used if info is public knowledge or is in D's control |
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What is the effect of failing to deny something in an answer?
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Failure to deny = admission on any matter, except damages
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Where must an affirmative defense be raised?
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Answer
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What is a counter claim?
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A claim against the opposing party (DvP) to be filed with D's answer
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What are the 2 types of counter claims?
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1) Compulsory - arising from same transaction or occurrence. Must be raised in this case, or else waived
2) Permissive - different transactions/occurrence, can be brought in different case. |
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How do you analyze counter claims for subject matter jurisdiction?
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1) Look for diversity of FQ, otherwise
2) supplemental jurisdiction (how? cross-claims can use supplemental jurisdiction to defeat diversity problems) |
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What is a cross claim
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A claim between 2 co parties (PvP, DvD).
Must arise from the same transaction or occurrence. When are cross-claims compulsory? |
Never
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When does P have the *right* to amend the complaint?
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ONE time BEFORE an answer (motion irrelevant)
ONE time within 20 days of the Answer What if needs additional amendment? |
Needs permission of court, which is given unless creates delay or prejudice
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What happens if evidence at trial does not match what was pleaded?
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If D objects --> excluded (variance with pleadings)
If D does not object --> P can move to amend complaint to allow the additional claim Is the move to amend required? |
No
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Can P amend the complaint to add an additional claim, if that additional would be time barred by the statute of limitations in a new case?
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Yes, if they concern the same "conduct, transaction or occurence" as the original pleading
Why? |
The new claim "relates back" to the original pleading
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In discovery, what disclosure are required regardless of whether anyone ask for them?
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1) Initial disclosures: identify persons, electronically stored info, and documents that are "likely discoverable information that the disclosing party may use to support its claims or defenses"
2) Experts who may be used at trial and their work 3) At least 30 days before trial: detailed information about trial evidence, documents, witnesses identity, whether live or by depo |
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When are subpoenas necessary in depositions?
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To compel attendance of non-parties.
If a party is served with a deposition notice, they are required to attend |
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What does it mean if a subpoena is "duces tecum"
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This means that the party is required to bring documents with him/her.
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What are the restrictions on depositions?
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1) No > 10 or same person twice without court approval or stipulation
2) No >100 miles from residence or place of regular business, unless agreed |
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What are the rules for interrogatories?
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1) No > 25 (including subparts)
2) 30 days to respond 3) can only say don't know after reasonable investigation |
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What are the rules for requests to produce
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1) Request for review or copying of douments/things
2) To another party or a third party + subpoena 3) 30 days to respond or object |
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Can can a party get a physical/mental exam?
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1) Only through court order
2) Party requesting must show person's health is in controversy + good cause. 3) Person being examined gets copy of report 4) No Doc-Patient privilege on that health matter |
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What are the standard discovery tools?
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1) Deposition (third party need subpoena)
2) Interrogatory (party only) 3) Request to produce 4) Physical/Mental Exam 5) Request for Admission |
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Who must sign the discovery requests and answers and what must they certify?
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The parties submitting the request/answer, and it must state:
1) it is warranted 2) Not interposed for improper purpose 3) Not unduly burdensome |
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What is the duty to supplement?
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If the party later discovers that an initial response is incomplete, or incorrect it must supplement its response
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What is the scope of discovery?
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Anything "relevant to a claim or defense" .. means anything relevant to something in a pleading document
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For discovery, what does "relevant" mean?
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"reasonably calculated to lead to the discovery of admissible evidence"
Is something irrelevant because it is inadmissible? |
No, relevant is broader than admissible... means could lead to admissible evidence
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What 2 things are always not discoverable?
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1) Privileged material
2) Work Product - meaning materials made in preparation for trial How broad is preparation for trial? |
Includes even specter of lawsuit
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Who can generate work product?
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Attorneys, the party, or the party's representative
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When is work product discoverable? What is it always non-discoverable?
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If P can show that there is 1) substantial need and 2) the information is not otherwise available.
Work product that are mental impressions, opinions, conclusions, or legal theories are never discoverable |
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What is a "consulting expert" and when is his/her report discoverable?
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An expert retained in anticipation of litigation but will not testify at trial. Discoverable only if "exceptional need"
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What is a protective order?
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A party receiving a discovery request requests the court to issue a "protective order" to prevent production because the request is overly burdensome, involves electronically stored nfo not reasonably accessible, or involves trade secrets, which the party wishes to limit disclosure
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What happens if a party partially violate a discovery rule?
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Judge can compel the party to answer the unanswered questions plus costs (including attorney's fees for brief preparation)
If party violates the compelling order, then RAMBO sanctions pls costs and could be held in contempt |
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What are the range of severe sanctions a judge can impose?
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1) Establishment Order (a fact is true)
2) Strike a pleading of a disobediant party 3) Disallow evidence from the disobedient party 4) Dismiss P's case (if bad faith) 5) Enter default judgment (if bad faith) |
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Are sanctions appropriate if a party can't produce information (particularly electronic information) because it was lost in good faith, during a routine operation?
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No, unless exceptional circumstances
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When can parties sue as co-plaintiffs?
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When their claims arise from the same T/O AND raise at least 1 common question
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When may P(s) sue multiple co-defendant in one law suit?
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1) Arise from same T/O, and
2) Raise at least one common question |
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When is a party necessary and indispensable
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When any of these three tests are met:
1) Without the party, the court cannot accord complete relief (worried about multiple suits) 2) When the party's interests may be harmed if he isn't joined (practical harm) 3) The party's claims an interest which subjects a party (usually D) to a risk of multiple obligations |
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Bob barker owns 1000 shares of XYZ corp. Shatner claims he and bob agreed to buy the stock jointly and that Shatner paid for 1/2 of it. Shatner sues corp XYZ to cancel the stock and reissue it in their names jointly. Must Bob be joined? Under which of the three theories?
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Yes, likely all three. But most importantly "the party's interest may be harmed if not joined" (2).
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What is the two step process for joining necessary parties?
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1) Must the party be joined (3 tests)
2) Is Joinder Feasible? 3) If yes --> party is brought into the case if not, proceed w/o party or dismiss |
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When joining necessary parties, how do courts determine if joinder is feasible?
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1) Is there personal jurisdiction over the party?
2) Will joining the party make it impossible to maintain diversity? |
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How does a court decide whether to dismiss a case or proceed without a necessary party when joinder of that party is infeasible?
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Look to 3 factors
1) is there an alternative forum available? (including state courts) 2) What is the actual likelihood of prejudice? 3) Can the court shape relief to avoid the prejudice? |
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What is impleader?
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A defendant party wants to bring in someone new (third-party defendant) for one reason: the party may owe indemnity or contribution to the defending party on the underlying claim
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When is D given the right to impleader?
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Has 10 days after serving answer or with permission of court
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After a third-party-defendant has joined the case, can P or the new D assert a cross claim?
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Yes, if arising from same T/O
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What is Intervention?
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When an absentee party wants to join a pending suit as either a Defendant or Plaintiff
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In an intervention, must a court accept the side the intervening party joins?
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No, the court can realign the party if it came in on the wrong side
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When is an intervention as matter of right?
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A third-person non party has the right to join the litigation because its interests may be harmed and are not already adequately represented
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When is intervention permissive?
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When the party's claim or defense and the pending case have at least one common question.
Court has discretion: usually OK, unless prejudicial or causes delay |
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Can the absentee party in an intervention break diversity?
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Most courts say there is no supplemental jurisdiction available, so no.
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What are the initial requirements for a class action law suit?
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1) Numerosity - Too many class members for practicable joinder (no magic #)
2) Commonality - There are some question of law or fact in common to the class 3) Typicality - Representative's claims/defenses are typical of those in the class, AND 4) Representative adequate - the class representative will fairly and adequately represent the class |
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In class action lawsuits, the suit must be one of what three types of cases? (step 2)
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1) Class treatment necessary to avoid prejudice to some class members (e.g. member of a fund, which could be depleted)
2) Injunction or declaratory judgment (but no damages) sought because class was treated alike an the other party (e.g. employment discrimination) 3) For damages: a) common questions *predominate* over individual questions AND b) the class action is the superior method to handle the dispute (mass tort) |
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When must a court decide whether to certify a class? What must it then do?
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Court must decide to certify "at an early practicable time"
if certified, it must then 1) Define the class 2) Class Claims, issues, and defenses 3) Appoint class counsel (who must adequately and fairly represent the interests of the class) |
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When must a class be notified of the law suit?
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When they are type 3 class.. meaning that the class is certified because it has a) common questions *predominate* over individual questions AND b) the class action is the superior method to handle the dispute (mass tort)
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What must a class action notice say?
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1) Can opt-out
2) It's binding 3) Party has a right to separate counsel |
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Who is bound by a class action lawsuit?
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All class members, unless they opted out (type 3 only)
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When can parties settle or dismiss a certified class action?
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With court approval... court usually provides notice to each class member as to whether settle or dismiss. If type 3 (mass tort), must be able to opt-out
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How is subject matter jurisdiction handled for class action?
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1) Raise a FQ
2) Diversity of Citizenship a) Look only to diversity of the class representative b) Look only to the amount in controversy for class representative (class members are irrelevant) |
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What is the effect of the Class Action Fairness Act of 2005 on subject matter jurisdiction?
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If amount in controversy of the aggregate claims > $5,000,000 then diversity is established any member of P and D are from different states.
Exception: complicated rule to avoid keeping local classes from going to federal court |
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What is the standard for failure to state a claim?
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Assuming all of P's allegations are true, if P proved all of its allegations, would it win a judgment?
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What can a court look at when considering a motion to dismiss?
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Only the complaint -- no evidence
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Does P survive a motion to dismiss if P's complaint sets forth facts, that if true, would provide a complete defense for D?
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No -- complaint dismissed
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When a case can be thrown out based solely on the complaint, what it is called before and after an answer is filed?
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Before: Failure to State a claim
After: Judgment on the pleadings |
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What is the standard for summary judgment?
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The moving party must show that (1) there's no genuine dispute as to a material issue o fact and (2) that the party is entitled to judgment as a matter of law
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What can courts look at when considering a summary judgment motion?
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1) Complaint (for admissions or if verified)
2) Any evidence (including affidavits) |
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During summary judgment, what happens when a party chooses not to submit an affidavit or other evidence contradicting evidence on the opposing side?
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The uncontroverted fact is assumed to be true. relevant to determine if there are any facts in dispute for the purposes of the motion
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What must evidence in a summary judgment motion be based on? What can it not be based on?
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Must be based on first-hand knowledge, not hearsay.
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What is a Rule 12(f) Conference?
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Unless court says otherwise:
1) At least 21 days before a scheduling conference, parties must meet to discuss: claims, defenses, and settlement 2) At least 14 days before, parties must form a discovery plan and present to court. Must include potential difficulties for electronic discovery. |
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What is a scheduling order and when is it required?
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An order setting cut-off dates for discovery, joinder, amendments, motions, etc.
Required unles local rules or court says otherwise |
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What is a pretreial conference?
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A conference before the trial to expedite the trial and foster settlement. Determines the issues to be tried and evidence to be offered. Supersedes the pleadings and can be amended only to prevent manifest injustice
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What does the 7th amendment guarantee?
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Right to jury in civil trials but only in federal courts and only for actions at law.
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How are facts determined when a federal case has both legal and equitable claims and there is a jury?
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Jury decides all facts for legal claim; any other facts are decided by judge. Jury goes first
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How can party demand a jury trial?
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Written demand within 10 days of the last pleading raising a jury triable issue.
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What are the different type of jury strikes and how are they used?
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1) Peremptory strikes: three strikes for any reason, but must be used in gender and race neutral way
2) For Cause: unlimited for a good reason (bias, prejudice, relation to a party) |
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What is a Motion For Judgment as Matter of Law? When can it be used?
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Basically Judge decides case before going to jury
D: can bring at close of P's case in chief and of all evidence P: At close of all evidence |
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What is the standard for judgment as a matter of law?
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"Reasonable people cannot disagree on the result"
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What is it called when a judgement as a matter of law is moved after the case goes to the jury?
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A renewed motion for judgment as a matter of law
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What is the prerequesite requirement for a Renewed JMOL?
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Having moved for a JMOL before the jury heard the case
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What are the grounds for motion for a new trial?
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1) Prejudicial and not harmless error at trial makes judgment unfair (e.g. wrong jury instructions)
2) New evidence that could not have been obtained with due diligence for the original trial 3) Prejudicial misconduct of party or attorney or third party or juror 4) Judgment is against the weight of the evidence (serious error of judgment by jury) ` |
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What is the final judgment rule? Standard?
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Parties can only appeal from final judgments.
After making this order, does the trial court have anything left to do on the merits of the case? |
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When are interlocutory orders reviewable as a matter of right?
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Orders
1) affecting injunctions 2) refusing to appoint receivers 3) Findings of patent infringement where only an accounting is left 4) possession of property (e.g. attachments) 5) denial/grant of a class action certification (does not automatically stay trial, only if appellate or trial judge orders) |
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Can a judge permit an interlocutory appeals?
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Yes, if trial judge certifies that
1) case involves a controlling issue of law as to which there is a substantial ground for difference of opinion and if Ct of appeals agrees to hear |
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What is the collateral order exception?
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The Ct of appeals has discretion to hear a ruling if it is
1) distinct from the merits of the case 2) involves an important legal question, AND 3) is essentially unreviewable if parties await final judgment (e.g. claim of immunity for a suit) |
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When does claim preclusion (res judicata) prevent a P from bringing a claim?
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1) When Cases 1 and 2 were brought by the same claimant against the same defendant, AND
2) Case 1 was a valid final judgment "on the merits" 3) When cases 1 and 2 assert the same "claim" |
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In claim preclusion, what does on the merits mean?
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Any judgment unless
1) Court says so 2) Based on Jurisdiction 3) Based on Venue 4) Based on failure to join indispensable parties |
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In issue preclusion, what is meant by both cases asserted the same "claim"?
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Maj: A claim is any right to relief arising from a T/O
Minority: There are separate claims for property damages and personal injuries because those are "primary rights" |
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What are the requirements for issue preclusion?
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1) Case 1 ended in a valid, final judgment on the merits
2) The same issue was *actually litigated* and determined in Case 1 3) The issue was *essential* to the judgment in Case 1 (if no issue, judgment would be different) 4) The party issue preclusion is being used *against* was a party in Case 1 5) Mutuality, Nonmutual defensive issue preclusion, or non-mutual offensive issue peclusion |
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What is mutuality?
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requiring that the person using the issue preclusion also was a party in Case 1
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What is nonmutual defensive issue preclusion?
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The party arguing for preclusion was not a party in Case 1 and is now the defendant in Case 2
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What is nonmutual offensive issue preclusion?
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Minority Permits This
Plaintiff, who was not a party in Case 1, is trying to use preclusion against D, who was in Case 1. Allow if not "unfair," which is based on factors: 1) Full and fair opportunity to litigate issue in Case 1 2) D could forsee multiple suits 3) P could not have easily joined Case 1 4) There are no inconsistent judgments on record |
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