Friday audio--Section A, Section B. I will post essay assignments by the beginning of next week.
We will finish Joinder; prep the remaining rules and reading. Can Jones join his claims against Walmart and Walmart Transport in the Morgan case? (Be ready to argue both sides). Are Walmart and Walmart Transport properly joined as defendants?
• Review FRCP 8(d)(2) and (3). Begin with ¶¶ 68-74 of VOA. Why is it there? Are ¶¶ 68-74 necessary? What is the arguably inconsistency and how do the rules handle it?
• How do FRCP 19, 24, and preclusion (discussed in the Glannon reading) limit the usual permissiveness of FRCP 18 and 20(a)? How is consolidation under FRCP 42 different than joinder and hat role does it play where claims are not or cannot be joined?
• What is the difference between issue preclusion and claim preclusion? How does each affect later litigation?
• Consider the way the following people may (or may not) and will (or will not) be part of the same litigation under all of the rules we have before us.
• A, a cis-gender girl, sues the Connecticut High School Athletic Association over its policies allowing athletic participation according to an athlete's gender identity and presdentation; A claims those policies constitute sex discrimination. A finished second in a race to X (a trans-gender girl). One remedy A wants is an injunction ordering the association to alter the state record books be re-written to remove X as the winner and record A as the winner.
• Ethlyn Hall, an elderly woman, died; she left behind two adult children, Elsa and Sam, and makes Elsa the executrix of her estate. The Estate wants to bring a claim against Sam for conversion, alleging Sam took some of Ethlyn's property for his own use. Sam wants to bring a claim against Elsa for interfering with his relationship with their mother. How can these claims be litigated together or near to one another?
• Zacek came away with an historic home run ball at a Marlins game. Matus claims that Zacek grabbed him and wrestled the ball out of his hands. Davidov claims he was the first person to have the ball until he was mobbed by a group of people and lost control of the ball. Matus and Davidov believe each has sole ownership of the ball and each believes that Zacek unlawfully took possession of it. Both would pursue claims of conversion against Zacek.
• Consider how preclusion applies to the following:
• Naruto sues Slater only; the court decides that non-human animals do not enjoy copyrights. What happens if Naruto files a new lawsuit against Blurb?
• Godin sues Metta for defamation; the court decides Godin abused the students and she loses her defamation suit. What happens when Godin files a new lawsuit for breach of contract against the Board?
• Godin sues the Board for breach of contract and loses. She then sues Nicely for defamation. What should happen with this second action?
• Godin sues the Board for breach of contract and loses. She then sues the Union for breach of contract. What should happen with the second action?
• VOA brings its contract claims in federal court against BSO. It then files a second suit with its Copyright claim.
My hope is that we will begin Responding to a Complaint: Motions on Thursday and continue that on Friday.
