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Thurs. Apr. 21 - PowerPoint Presentation

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Thurs. Apr. 21 - PPT Presentation

Franchise Tax Board of California v Hyatt US Apr 19 2016 In re Barries Estate Baker v Gen Motors US 1998 In general injunctions and equitable decrees are subject to FFampC No roving public policy exception to FFampC ID: 554544

federal state court action state federal action court judgment law sues states michigan fed territory possession courts obligation precluded

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Presentation Transcript

Slide1

Thurs. Apr. 21Slide2

Franchise Tax Board of California v.

Hyatt (U.S. Apr.

19, 2016)Slide3

In re Barrie’s EstateSlide4

Baker v Gen Motors

(US 1998)Slide5

In general, injunctions and equitable decrees are subject to FF&CSlide6

No “roving public policy exception” to FF&CSlide7

Is there any Michigan obligation that is relevant to this Missouri case at all?Slide8

Assume that in Michigan state court General Motors had brought a declaratory judgment action against the Bakers to determine whether

Ewell

could testify in any suit they might bring. What result?Slide9

African-American applicants to a fire dept sue the department

The court enters a decree for an affirmative action program in hiring

Subsequently white applicants to the fire department sue the department challenging the program

Are they precluded?Slide10

Even if there us a Michigan obligation that is relevant, isn’t the obligation modifiable in Michigan and so modifiable in MO?Slide11

Scalia’s opinion…Slide12

What if GM sued for a declaratory judgment in MO federal court determining the

Ewell

can’t testify in the Baker case?Slide13

s

ubstance and procedure in the recognition of judgments…Slide14

P sues D in Cal., gets judgment

D has no assets in Cal.

D has house in Nev.

P sues D on judgment in Nev., but under Nev. law houses cannot be used to satisfy judgments (in Cal.

t

hey can)Slide15

Anglo-Am Provision v Davis

(US 1903)

NY ct allowed to refuse suit on foreign judgment between 2 foreign corps when judgment arose from cause of action arising out of stateSlide16

Kenney v Supreme Lodge (US 1920)

Ill

ct

refused jurisdiction for suit on Alabama wrongful death judgment against an Illinoisan

basis was statute forbidding actions for death outside stateSlide17

Ginsburg’s opinionSlide18

“Full faith and credit, however, does not mean that States must adopt the practices of other States regarding the time, manner, and mechanisms for enforcing judgments. Enforcement measures do not travel with the sister state judgment as preclusive effects do; such measures remain subject to the even-handed control of forum law.”Slide19

“Orders commanding action or inaction have been denied enforcement in a sister State when they purported to accomplish an official act within the exclusive province of that other State or interfered with litigation over which the ordering State had no authority.”Slide20

Matsushita Elec. Indus. Co. v. Epstein (US 1996)Slide21

28 U.S.C. § 1738

The Acts of the legislature of any State, Territory, or Possession of the United States, or copies thereof, shall be authenticated by affixing the seal of such State, Territory or Possession thereto. The records and judicial proceedings of any court of any such State, Territory or Possession, or copies thereof, shall be proved or admitted in other courts within the United States and its Territories and Possessions by the attestation of the clerk and seal of the court annexed, if a seal exists, together with a certificate of a judge of the court that the said attestation is in proper form. Such Acts, records and judicial proceedings or copies thereof, so authenticated, shall have the same full faith and credit in every court within the United States and its Territories and Possessions as they have by law or usage in the courts of such State, Territory or Possession from which they are taken.Slide22

P sues D in state

ct

for state law fraud concerning securities

J for P (not settlement)

P then sues D in fed

ct

for fed securities law violations

Assume instead that P loses in state

ct

(no misrepresentation by D found)

P sues D in fed

ct

Issue preclusion?

Assume instead that P

wins in

state

ct

(misrepresentation

by D found)

P sues D in fed

ct

Issue preclusion?Slide23

Marrese

If, under

state law

, federal action would not be precluded by state judgment

then the federal court may not preclude the action

If, under

state law

, federal action would be precluded

then the federal court must preclude the action

unless the federal statute giving the federal courts exclusive federal subject matter jurisdiction for the federal action impliedly repealed federal courts' obligations under section 1738 to give full faith and credit to state court judgments.Slide24

d

oes it matter that this was a settlement?Slide25

d

oes

it matter that this was a

class action?