1. A mother and her child are in their car and are hit by X. The mother sues X on behalf of the child (as its guardian), wins, and then sues X on her own behalf. Does claim preclusion apply to her suit on her own behalf?
2. Can one in privity with a defendant be barred from bringing a compulsory counterclaim that was neglected by the defendant?3. D sets up a rendering plant near an apartment building. P1, the owner of the building and landlord, sues D and loses. It is determined not to be a nuisance. Is P2, a tenant, issue precluded if P2 sues D for nuisance?
4. P sues Landlord concerning ownership of property. Judgment for P
- the property is determined to be P's. P tries to evict Tenant from
the property. Tenant challenges the eviction on the ground that the
property is Landlord's. Is Tenant issue precluded?
5. African-American applicants for positions at a fire department sue the department as a class to create a system of preferential treatment in hiring as a remedy for acts of past discrimination. Judgment for the class. Subsequently white applicants sue the department as a class to challenge the preferential treatment system as a violation of the Equal Protection Clause. Should the white applicants be issue precluded?
6. P sues D, alleging that D's adding a second floor to his house (thereby cutting off light to P's backyard) is a nuisance. P loses - it is held not be a nuisance. P sells his house to X. X now sues D, alleging that D's adding a second floor to his house (thereby cutting off light to X's backyard) is a nuisance. Is X issue precluded?
7. X is the sole shareholder and the CEO of the P Corp. The P Corp. sues the D Corp. for antitrust violations. The P Corp.'s litigation is controlled by X. The P Corp. loses. Subsequently X sues the D Corp. for the same antitrust violations. Is X issue precluded?
8. Wife, as guardian of now disabled Husband, sues D for damages in an accident in which Wife, Husband, and D were involved. Wife loses. It is determined that D was not negligent. Subsequently Wife sues D in her individual capacity for her own damages. Is Wife issue precluded?