1. James v. Paul

2. James v. Paul – Relationships Who’s involved Danny James Boyfriend – Stabbing Victim Robert Paul Angry Husband – Stabber State Farm Liability Insurer for Paul State of Missouri Prosecuting authority

3. Events & Alleged Liability JamesPaul State Farm Owes Damages Stabs Wrote Liability Policy Owes Def & Indemnity What Does Obligation Depend On? Whether stabbing was intentional willful or malicious?

4. Case I (Previous Proceeding) Who are the Parties Defendant Paul Plaintiff State of Missouri Non-Parties State Farm James What’s Missouri’s Theory Charge Against Paul 1 st Degree Assault Elements of Charge Stabbing itself Knowingly causing or intending to cause serious injury What Happened in Case I? Paul pled guilty Plea hearing was held Trial Court found: Plea was voluntary Factual basis for plea existed Sentence 5 years on probation What does this mean?

5. Case II (Current Proceeding) Who are the Parties Plaintiff James Defendant Paul Non-Parties State Farm What Is James’ Theory? Paul’s actions were Negligent Paul’s actions were not Intentional, willful, or malicious Because Paul was Incapacitated Why did James adopt this theory? What position did State Farm take during this proceeding? Refused to defend. What did Paul & James do? Paul agreed to To pay $3.5K To present no evidence To possibly pay $21.5K more James agreed to execute only against State Farm policy What did Trial Court do? Made findings James wanted.

6. The Garnishment Proceeding Explain the garnishment proceeding What is James claiming? Who is he claiming it against? What is the source of his claim? Whose rights is he asserting? What is the crucial question that will need to be resolved if the case is heard on the merits?

7. James v. Paul (Garnishment of State Farm) Have the elements of collateral estoppel been met in this case? Identical issue What is the issue on which preclusion is asserted? What was decided in previous case? Compare King. Judgment on the merits Determination of who was right, rather than being decided by default or on a technical basis or without a trial or hearing Necessarily and unambiguously decided Rest 2d & “Actually Litigated” Was James a party or in privity with a party in earlier case? What does privity mean? What are the “dangers” in a “formalistic” definition of privity? What function does privity requirement serve? Is the function met here? Full & Fair Opportunity to be Heard? Inequity?