Category: Civil Procedure II

Civil Procedure II #24: Alternative Dispute Resolution

ADR is a key aspect of modern civil procedure, as many more claims are resolved via settlement than trial. In this episode we will examine mediation, arbitration, early neutral evaluation, summary jury trial, mini trial, and the sources of authority for how a trial court can order ADR upon the parties.

In re Atlantic Pipe Corporation

Civil Procedure II #23: Issue Preclusion (aka Collateral Estoppel)

Issue preclusion (aka collateral estoppel) is a means by which, under certain circumstances, a party that lost on an issue in a prior case does not get the opportunity to relitigate that issue against another party. In this manner certain issues (but not necessarily entire claims) are removed from consideration in later suits.

Little v. Blue Goose Motor Co.
Parklane Hosiery Co. v. Shore

Civil Procedure II #22 Claim Preclusion (aka Res Judicata)

We now turn to preclusion, where prior lawsuits can remove issues or claims from relitigation. Claim preclusion (aka res judicata) operates on the principle that you only get “one bit of the apple.” A plaintiff is forced to bring all of their claims and theories of relief relating to a transaction at once, or be forever barred.

Manego v. Orleans Board of Trade
Landrigan v. City of Warwick

Civil Procedure II #17: Special Verdicts

In the federal system, a jury does not have to simply return a finding for one party along with the money to be paid out (if any). Through the use of special verdicts and special interrogatories, a judge (at the request of the parties) can require the jury to walk through their reasoning step-by-step.

Rule 49
Whitlock v. Jackson

Civil Procedure II #16: Rule 60 / Remittur and Additur

We conclude our look at post-trial motions by (briefly) examining a request for relief from judgment, and spending some time on remittur and additur. Remittur and additur are when a judge maintains the jury decision on liability, but modifies the amount of money awarded.

Rule 60(b)
Dimick v. Schiedt

Civil Procedure II #15: Motion for New Trial / JMoL

In addition to moving for judgment as a matter of law, a litigant might desire a new trial. New trials may be granted for a variety of reasons, including a judge deciding that the verdict is against the clear weight of the evidence. We’ll examine how motions for new trials and JMoL interact with each other.

Rule 59
Ahern v. Scholz