Lyra, I think I heard the TAR finale was May 10th.

amych, I bet you can fence better than Lotus Notes.

amych, I bet you can fence better than Lotus Notes.

Yeah, but Lotus Notes cheats - like it will try to throw dirt into your eyes before it attacks....

Much healthma for Jeff and his kidney.

Wolfram, I know a little about res judicata.

And let's hope this time the Net lets me post....

(ETA: FINALLY! After a dozen tries!)

The hot new dance trend:

[link]

I have a question about res judicata if any of our lawyer/law student folk are around.

hit me.

First time I'm taking more than two days off in a row, in over five years. Any wonder why I'm job searching?

doubt I can answer it, but what's the question?

Thanks for playing Stephanie (on edit: and Fred Pete and Vortex and anyone else.) Here's the basic facts. In 1985, my client entered into a 10 year commercial lease with his landlord on premises located in MD to operate his dry cleaning business. In August 1995, the parties entered into a lease extension agreement which extended the lease for one year, and would continue to automatically extend the lease on an annual basis unless notice was given to terminate at least 90 days prior to the end of the lease.

In October 2000, my client sold the business with the knowledge of the Landlord. From October 2000 until today the landlord has been collecting rent from the new owners of the business. New owners never entered into a new lease with the landlord.

In April 2003, landlord instituted an in rem action (strictly possessory, no personal service) in landlord/tenant court to evict my client from the leased space for alleged breach of lease for an unauthorized subletting to new owners. My client told the landlord he has not had a lease since October 2000, has paid no rent since October 2000, and has not been on the premises since October 2000. Landlord went to court and procured a judgment for possession in July 2003. Then proceeded to do a sham “eviction” of my client. All this time, new owners continued to occupy space and pay rent without a lease.

In March 16, 2004, landlord filed a second action against my client claiming, among other things, breaches of lease and various torts for property damage. Landlord is trying to use res judicata from the possessory judgment to say that, as a matter of law, client’s lease with landlord extended until July 2003.

The Yankee-Sox game should be on.

It's on here on the cable channel that owns the Jays (probably originating on YES?), so I'd bet Francona can see the game. Not sure he should watch tho. Maybe he should wait until the weekend when his boys beat up on our guys.

Health-ma to Rio, and another massive wave of health-ma for Jeff. Get well buffistas.

That Cheney/Bush/Alien picture is hysterical.

Landlord is trying to use res judicata from the possessory judgment to say that, as a matter of law, client’s lease with landlord extended until July 2003.

Off the top of my head, I think Landlord can only use res judicata here if your client had a full opportunity and incentive to litigate this issue last time, which it doesn't sound like he/she did. I took a class on this last spring, and it's all in my backed-up notes back home, but I don't have the details here with me. Let me know if it would be helpful for me to track it down.