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Civil Pro Q: res judicata and privity

Posted: Mon Dec 06, 2010 2:52 am
by Fesa
Can anyone help me with q related to the res judicata and privity.

Husband and wife sued R in district court. R filed motion under 12(b)(6) and judgment was for R.

Husband appealed. Wife did not. If husband succeeded, can wife use husband's judgment for reasserting her right? WIfe's appeal is time barred.

Re: Civil Pro Q: res judicata and privity

Posted: Mon Dec 06, 2010 2:57 am
by MrKappus
See Federated Dept. Stores v. Moitie. No general equitable doctrine exists to allow res judicata exceptions. Non-appealinng parties cannot benefit from a reversal just because their position is closely interwoven with that of successful appellants.

Re: Civil Pro Q: res judicata and privity

Posted: Mon Dec 06, 2010 3:38 am
by Fesa
MrKappus wrote:See Federated Dept. Stores v. Moitie. No general equitable doctrine exists to allow res judicata exceptions. Non-appealinng parties cannot benefit from a reversal just because their position is closely interwoven with that of successful appellants.


Thxs. What about husband and wife's privity relation?
Is it applicable?