Topics to Cover in Civil Procedure

Civil Procedure I

Jurisdiction.

3 PERSONAL JURISDICTION.. 3 Long Arm Statute. 6 VENUE. 7 Venue. 7

Forum Non Conveniens. 7 SUBJECT MATTER JURISDICTION.. 8 Federal Question Jurisdiction. 8 Diversity Jurisdiction. 9 Supplemental Jurisdiction. 10 Pendent jurisdiction. 10 Removal 10

Diversity

What law do federal courts apply in diversity suits?. 12 THE ERIE PROBLEM... 12 The outcome determinative test 13 Outcome determination is no talisman. 14

Judgments

RESPECT FOR JUDGMENTS. 14 Claim Preclusion – Res Judicata. 15 Exceptions to claim preclusion p. 863. 16 Issue Preclusion - Collateral Estoppel 17 Apply between non-privies? (State Farm, Parklane) 19 Exceptions to issue preclusion p. 865. 19 Law of the case – 1 appeal 20 Judicial estoppel 20 Collateral attack. 20 The Reopened Judgment – Rule 60. 21

Joinder

JOINDER.. 21 Rule 42(a) 22 Rule 42(b) Separate trials. 22 Joinder of Claims. 22

Rule 18. Joinder of claims and remedies. 22 28 USC § 1367 supplemental jurisdiction. 22 Rule 13 Counterclaim and Cross-Claim.. 22 Joinder of Parties. 23 Rule 20 – Permissive Joinder of Parties. 23 Rule 21 – Misjoinder and Non-Joinder of Parties. 24

Joinder by P. 24

Impleader, Intervention, and Interpleader

Impleader by D – brings in other D.. 24 Rule 14: Third Party Practice – Impleader – can’t be “him, not me”. 24 Rule 19 Joinder of Persons Needed for Just Adjudication – indispensable parties. 25 Intervention – non-parties seek to join in. 26 Rule 24 – Intervention. 26 Interpleader – stakeholder requires claimants to litigate rights to property/fund. 28 Class actions. 28 Rule 23. 29 Attorneys Fees in Class Actions – a la Epstein. 31

Civil Procedure II

Introduction to Civil Procedure. 4 The Commencement of Action:

Pleading and Summons. 4

Summons. 4 before summons is served: 4 How served 4c1 and 4m: 4 What service is enough?. 4 Pleading. 5 Common law system: 5 Chancery/Equity system: 5 Code Pleading: 5

Notice Pleading (Federal Rules) – 8 (and 11) 5 Oops.. Amendment of Pleading. 6

Amendment of pleading 15a. 6 “Relation back” doctrine 15c. 6 Response to Pleading. 7

When response is made: 12a, 7 Defenses/Objections to a claim for relief 12. 7

Possible pre-answer motions 12b: 7 Vagueness of pleading: motion for more definite statement 8 Motion to Strike 12f: 8 Form of denials 8b: 8 Affirmative defenses 8c: 8

Representations to court / Sanctions 11. 8 Nature of Sanctions 11c2. 9

History of Rule 11 sanctions. 9

Pre-trial: 9

Discovery. 9 First things in discovery: 10 Automatic disclosure. 10 Pre–trial disclosures: 10 Tools for Discovery. 10 Interrogatories 33. 10 production of documents 34. 11 depositions 30 (31,32) 11 mental/physical exams 35. 11 requests for admissions 36. 11 Limits of Discovery. 11 trial preparation materials 26b3. 11

Protective Orders 26c. 12 Experts 26b4 : 12 When Discovery goes bad. 12 Motion for order compelling disclosure or discovery. 37a. 12 Sanctions. 13 Settlement 13

Settlement offer 13 Cost shifting: 14 confidentiality. 14 Vacatur of judgment?. 14

Preliminary monetary relief 64. 15 Preliminary injunctive relief 65. 15 Summary Judgment 56. 16 Form of affidavits 56e.

Juries. and Appeals

17 Right to a jury?. 17 The Jury Process. 17 Peremptory Challenges 28 USC § 1870. 18

Trial 18 Special verdicts and interrogatories– 49. 18 Instructions to Jury: objections 51. 18 Burdens: 18 Judgment as a matter of law (JML) 50: 19 Directed verdict 19

JNOV.. 19 New trial 59– case goes to a new jury. 20 Appeal 20 Who is eligible to appeal 20 When an appeal can be made. 21 Four Exceptions/Qualifications to Final Judgment Rule. 22 The standards of review on appeal 22 Outside traditional civ pro: Alternative Dispute Resolution. 23 Mediation. 23 Arbitration. 23 Arguments against alternative dispute resolution: 24 Comparison with the German system of civil procedure. 24