Civil Procedure

✍ Scribed by Yeazell, Stephen C.; Schwartz, Joanna C.

• Tongue: English
• Leaves: 1237
• Edition: 10
• Category: Library

✦ Table of Contents

Front Matter
Editorial Advisors
Title Page
Copyright Page
About Wolters Kluwer Legal & Regulatory U.S.
Dedication
Summary of Contents
Contents
Preface
Acknowledgments
1. An Overview of Procedure
A. The Idea and the Practice of Procedure
1. Locating Procedure
2. Clients, Lawyers, Procedure, and Strategy
B. Where Can the Suit Be Brought?
1. Personal Jurisdiction
2. Subject Matter Jurisdiction
Hawkins v. Masters Farms, Inc.
Notes and Problems
3. Service of Process
C. Stating the Case
1. The Lawyer’s Responsibility
Bridges v. Diesel Service, Inc.
Notes and Problems
Note: Reading the Rules—Process and Politics
2. The Complaint
Bell v. Novick Transfer Co.
Notes and Problems
3. The Response—Motions and Answer
a. Pre-Answer Motions
Notes and Problems
b. The Answer
Notes and Problems
4. Amendment of Pleadings
D. Parties to the Lawsuit
Fisher v. Ciba Specialty Chemicals Corp.
Notes and Problems
E. Factual Development—Discovery
Gorson v. T.G.R. Logistics, Inc.
Notes and Problems
F. Pretrial Disposition—Summary Judgment
Houchens v. American Home Assurance Co.
Notes and Problems
G. Trial
Norton v. Snapper Power Equipment
Notes and Problems
H. Former Adjudication
Ison v. Thomas
Notes and Problems
I. Appeals
Reise v. Board of Regents of the University of Wisconsin
Notes and Problems
Note on Appellate Structure and Jurisdiction
Note: Civil Procedure in Your Substantive Courses
Assessment Questions—And a Word About Using These Questions
Analysis of Assessment Questions
PART I: THE CONSTITUTIONAL FRAMEWORK FOR U.S. LITIGATION
A. Approaching Civil Procedure
B. Constitutional Limits in Litigation
1. The Idea of Jurisdiction
2. Jurisdiction and the Constitution
3. The Constitution and Choice of Law
2. Personal Jurisdiction
A. The Origins
Pennoyer v. Neff
Notes and Problems
B. The Modern Constitutional Formulation of Power
1. Redefining Constitutional Power
International Shoe Co. v. Washington
Notes and Problems
McGee v. International Life Insurance Co.
Hanson v. Denckla
Notes and Problems
2. Absorbing In Rem Jurisdiction
Shaffer v. Heitner
Notes and Problems
3. Specific Jurisdiction: The Modern Cases
World-Wide Volkswagen Corp. v. Woodson
Notes and Problems
J. McIntyre Machinery, Ltd. v. Nicastro
Notes and Problems
Abdouch v. Lopez
Notes and Problems
4. General Jurisdiction
Goodyear Dunlop Tires Operations, S.A. v. Brown
Notes and Problems
Daimler AG v. Bauman
Notes and Problems
Bristol-Meyers Squibb Co. v. Superior Court
Notes and Problems
Burnham v. Superior Court
Notes and Problems
Note on the Mechanics of Jurisdiction: Challenge and Waiver
Notes and Problems
C. Consent as a Substitute for Power
Carnival Cruise Lines, Inc. v. Shute
Notes and Problems
D. Notice
1. The Constitutional Requirements
Mullane v. Central Hanover Bank & Trust Co.
Notes and Problems
2. Beyond the Constitutional Requirements: The Mechanics of Notice and Service
E. Self-Imposed Restraints on Jurisdictional Power: Long-Arm Statutes, Venue, and Discretionary Refusal of Jurisdiction
1. Long-Arm Statutes as a Restraint on Jurisdiction
Gibbons v. Brown
Notes and Problems
2. Venue as a Further Localizing Principle
Notes and Problems
Thompson v. Greyhound Lines, Inc.
Notes and Problems
3. Declining Jurisdiction: Transfer and Forum Non Conveniens
Piper Aircraft v. Reyno
Notes and Problems
Atlantic Marine Construction Co. v. United States District Court
Notes and Problems
Assessment Questions
Analysis of Assessment Questions
3. Subject Matter Jurisdiction of the Federal Courts
A. The Idea and the Structure of Subject Matter Jurisdiction
B. Federal Question Jurisdiction
Louisville & Nashville Railroad v. Mottley
Notes and Problems
C. Diversity Jurisdiction
Redner v. Sanders
Notes and Problems
Hertz Corp. v. Friend
Notes and Problems
Note: Amount in Controversy
D. Supplemental Jurisdiction
Notes and Problems
In re Ameriquest Mortgage Co. Mortgage Lending Practices Litigation
Szendrey-Ramos v. First Bancorp
Notes and Problems
E. Removal
Notes and Problems
Caterpillar, Inc. v. Lewis
Notes and Problems
Assessment Questions
Analysis of Assessment Questions
4. State Law in Federal Courts: Erie and Its Entailments
A. State Courts as Lawmakers in a Federal System
1. The Issue in Historical Context
2. Constitutionalizing the Issue
Erie Railroad v. Tompkins
Notes and Problems
B. The Limits of State Power in Federal Courts
1. Interpreting the Constitutional Command of Erie
Guaranty Trust Co. v. York
Notes and Problems
Byrd v. Blue Ridge Rural Electric Cooperative
Notes and Problems
2. De-constitutionalizing Erie
Hanna v. Plumer
Notes and Problems
3. Determining the Scope of Federal Law: Avoiding and Accommodating Erie
Note: Interpreting State Law: An Entailment of Erie
Assessment Questions
Analysis of Assessment Questions
PART II: THE PROCESS OF LITIGATION
A. Approaching Civil Procedure
B. Choosing Procedure
C. A Roadmap for Exploring Choices
5. Incentives to Litigate
A. Litigation in the United States at the Start of the Twenty-First Century
Notes and Problems
B. Reasons to Litigate: Dollars, Orders, and Declarations
1. Damages
Troupe v. C & S Wholesale Grocers, Inc.
Notes and Problems
a. Damage Amounts: Ceilings and Floors
b. Categorizing Damages
Notes and Problems
2. Specific Relief
Lucy Webb Hayes Natl. Training School v. Geoghegan
Notes and Problems
3. Declaratory Relief
Notes and Problems
4. Temporary Remedies
a. Preliminary Injunctions and Temporary Restraining Orders: The Basic Problem
Winter v. Natural Resources Defense Council, Inc.
Notes and Problems
b. Provisional Remedies and Due Process
Fuentes v. Shevin
Notes and Problems
C. Financing Litigation
1. The “American” and “English” Rules About Attorneys’ Fees
Notes and Problems
2. Insurance, the Contingent Fee, and Alternative Litigation Finance
a. Insurance
Notes and Problems
b. The Contingent Fee
Notes and Problems
c. Alternative Litigation Finance
Notes and Problems
3. Public Subsidies and Professional Charity
Notes and Problems
4. From Fee Spreading to Fee Shifting
a. The Common Fund
Notes and Problems
b. By Contract
c. By Common Law
d. By Statute
Notes and Problems
Problem: How to Lose by Winning
Notes and Problems
Buckhannon Board and Care Home, Inc. v. West Virginia Department of Health and Human Resources
Notes and Problems
Assessment Questions
Analysis of Assessment Questions
6. Pleading
A. The Story of Pleading
1. Of Stories and Jurisdiction
Notes and Problems
2. Plaintiff’s Story, Defendant’s Story
3. One Function of Pleading: Establishing the Law
Notes and Problems
Haddle v. Garrison (S.D. Ga. 1996)
Notes and Problems
Haddle v. Garrison (11th Cir. 1997)
Notes and Problems
Haddle v. Garrison (525 U.S. 121 (1998))
Notes and Problems
4. Another Function of Pleading: Sorting Strong from Weak Cases?
a. The “Ordinary” Case: How Much Detail in a Complaint?
Notes and Problems
Ashcroft v. Iqbal
Notes and Problems
b. Special Cases: Requiring and Forbidding Specificity in Pleading
Stradford v. Zurich Insurance Co.
Notes and Problems
5. Allocating the Elements of a Claim
Jones v. Bock
Notes and Problems
B. Ethical Limitations in Pleading—and in Litigation Generally
Notes and Problems
Walker v. Norwest Corp.
Notes and Problems
Christian v. Mattel, Inc.
Notes and Problems
C. Responding to the Complaint
1. Default
2. The Pre-Answer Motion (and a Close Post-Answer Relative)
Notes and Problems
Notes and Problems
Notes and Problems
3. Answer
a. Denials
Zielinski v. Philadelphia Piers, Inc.
Notes and Problems
b. Affirmative Defenses
Notes and Problems
4. Reply
Notes and Problems
5. Amendments
Notes and Problems
a. The Basic Problem: Prejudice
Beeck v. Aquaslide ‘N’ Dive Corp.
Notes and Problems
b. Statutes of Limitations and Relation Back
Moore v. Baker
Bonerb v. Richard J. Caron Foundation
Notes and Problems
Assessment Questions
Analysis of Assessment Questions
7. Discovery
A. Modern Discovery
1. Discovery Before Discovery: Obligations and Spoliation
Zubulake v. UBS Warburg LLP
Notes and Problems
2. Getting the Story Straight: Crafting a Discovery Plan
B. The Tools of Discovery
1. Required Disclosures—First Round
Notes and Problems
2. Documents, Things, Land, and Bytes: Requests for Production (Rules 34 and 45)
Notes and Problems
3. Asking Questions in Writing, Seeking Admissions: Interrogatories and Admissions (Rules 33 and 36)
Notes and Problems
4. Asking Questions in Person: Depositions (Rule 30) and Physical and Mental Evaluations (Rule 35)
Notes and Problems
5. Pretrial Witness Lists and the Pretrial Order
David and Goliath Do Discovery: A Taxonomy of Problems
C. The Scope of Discovery
1. Relevance
Favale v. Roman Catholic Diocese of Bridgeport
Notes and Problems
2. Proportionality, Burden, and Privacy
Cerrato v. Nutribullet, LLC
Wagoner v. Lewis Gale Medical Center, LLC
Rengifo v. Erevos Enterprises, Inc.
Notes and Problems
3. Privilege
Notes and Problems
4. Trial Preparation Material
Hickman v. Taylor
Notes and Problems
D. Experts
Notes and Problems
Thompson v. The Haskell Co.
Chiquita International Ltd. v. M/ V Bolero Reefer
Notes and Problems
E. Ensuring Compliance and Controlling Abuse of Discovery
1. Types of Discovery Disputes
2. Ensuring Compliance
Notes and Problems
3. Remedies: Management and Sanctions
Mueller v. Swift
Notes and Problems
Security National Bank of Sioux City v. Abbott Laboratories
Notes and Problems
Assessment Questions
Analysis of Assessment Questions
8. Resolution Without Trial
A. The Pressure to Choose Adjudication or an Alternative
1. Default and Default Judgments
Peralta v. Heights Medical Center
Notes and Problems
2. Scheduling Orders and Failure to Prosecute: Involuntary Dismissal
3. Voluntary Dismissal
Notes and Problems
B. Avoiding Adjudication
1. Negotiation and Settlement: Why Settle? And How?
Jane Smart v. GrowCo, Inc.
a. Contracting to Dismiss
Notes and Problems
b. Third-Party Participation in Settlement: Facilitation, Encouragement, and Coercion
Notes and Problems
c. Contracting for Confidentiality
Notes and Problems
Kalinauskas v. Wong
Notes and Problems
2. Contracting for Private Adjudication: Arbitration and Its Variants
a. The Idea and Practice of Arbitration
b. Federalism and Arbitration: Herein of Preemption
Ferguson v. Countrywide Credit Industries, Inc.
Notes and Problems
Epic Systems v. Lewis
Notes and Problems
C. Adjudication Without Trial: Summary Judgment
Notes and Problems
1. Summary Judgment in Action: The Burdens on the Moving and Nonmoving Parties
Celotex Corp. v. Catrett
Notes and Problems
2. Summary Judgment in Action: How Courts Should Assess the Evidence
Tolan v. Cotton
Notes and Problems
Bias v. Advantage International, Inc.
Notes and Problems
Assessment Questions
Analysis of Assessment Questions
9. The Trier and the Trial
A. Choosing and Challenging Judges
Notes and Problems
Caperton v. A.T. Massey Coal Co.
Notes and Problems
B. Sharing Power with a Jury
1. When May a Jury Decide?
Notes and Problems
2. Choosing Jurors
3. Challenging Jurors
Notes and Problems
C. What Will Trial Be About? The Final Pretrial Conference and Order
Monfore v. Phillips
Notes and Problems
D. Judges Guiding Juries
1. Instruction and Comment
2. Excluding Improper Influences
3. Size and Decision Rules
E. Judges Controlling Juries: Judgment as a Matter of Law
Notes and Problems
1. Judgment as a Matter of Law in Action: How Courts Should Assess the Evidence
Pennsylvania Railroad v. Chamberlain
Notes and Problems
2. Judgment as Matter of Law in Action: Judgments and Renewed Judgments
Notes and Problems
Unitherm Food Systems, Inc. v. Swift-Eckrich, Inc.
Notes and Problems
F. Judges Undoing Verdicts: The New Trial
1. The Justifications for New Trials
a. Flawed Procedures
b. Flawed Verdicts
Lind v. Schenley Industries
Notes and Problems
2. Conditional New Trials
a. New Trial Limited to Damages
b. Remittitur and Additur
G. The Limits of Judicial Power: The Reexamination Clause and the Jury as a Black Box
Peterson v. Wilson
Notes and Problems
Assessment Questions
Analysis of Assessment Questions
10. Appeal
A. Who Can Appeal?
1. A Losing Party: Adversity
Notes and Problems
Aetna Casualty & Surety Co. v. Cunningham
Notes and Problems
2. Who Raised the Issue Below: Of Waivers and Sandbags
Notes and Problems
3. Who Was Not Deterred from Appealing
B. When a Decision May Be Reviewed: “Finality”
1. The Final Judgment Rule
a. Appellate Jurisdiction and the Final Judgment Rule
Liberty Mutual Insurance Co. v. Wetzel
Notes and Problems
b. Defining the Moment of Judgment
Notes and Problems
2. Exceptions to the Final Judgment Rule
a. Practical Finality
Lauro Lines s.r.l. v. Chasser
Notes and Problems
b. Injunctions
Notes and Problems
c. Interlocutory Appeals
d. Mandamus
Notes and Problems
C. Scope of Review
1. Law and Fact
Anderson v. Bessemer City
Notes and Problems
2. Harmless Error
Van Zee v. Hanson
Notes and Problems
Assessment Questions
Analysis of Assessment Questions
11. Respect for Judgments
A. Claim Preclusion
1. Precluding the “Same” Claim
a. Efficiency
Frier v. City of Vandalia
Notes and Problems
Semtek Intl. Inc. v. Lockheed Martin Corp.
Notes and Problems
b. Consistency—The Logical Implications of the Former Judgment
Notes and Problems
2. Between the “Same” Parties
Taylor v. Sturgell
Notes and Problems
3. After a Final Judgment
4. After a Judgment “on the Merits”
Notes and Problems
Gargallo v. Merrill Lynch, Pierce, Fenner & Smith
Notes and Problems
B. Issue Preclusion
1. The Same Issue
Notes and Problems
2. An Issue “Actually Litigated and Determined”
Illinois Central Gulf Railroad v. Parks
Notes and Problems
3. An Issue “Essential to the Judgment”
Notes and Problems
4. Between Which Parties?
Parklane Hosiery Co. v. Shore
Notes and Problems
C. The Boundaries of Preclusion
1. Claim Preclusion
2. Issue Preclusion
D. Repose: Collateral Attack and Reopened Judgments
1. Full Faith and Credit as a Bar to Collateral Attack
V.L. v. E.L.
Notes and Problems
2. The Reopened Judgment as an Alternative to Collateral Attack
United States v. Beggerly
Notes and Problems
Assessment Questions
Analysis of Assessment Questions
PART III: PROBING THE BOUNDARIES: ADDITIONAL CLAIMS AND PARTIES
12. Joinder
A. Joinder of Claims
1. Joinder of Claims by Plaintiff
a. Historical Background
b. The Federal Rules
c. Joinder and Jurisdiction
Notes and Problems
2. Claims by the Defendant: Counterclaims and Crossclaims
Cordero v. Voltaire, LLC
Notes and Problems
B. Joinder of Parties
1. By Plaintiffs
Mosley v. General Motors Corp.
Notes and Problems
2. By Defendants: Third-Party Claims
Price v. CTB, Inc.
Notes and Problems
3. Compulsory Joinder
Temple v. Synthes Corp.
Notes and Problems
Helzberg’s Diamond Shops v. Valley West Des Moines Shopping Center
Notes and Problems
C. Intervention
Natural Resources Defense Council v. United States Nuclear Regulatory Commission
Notes and Problems
Martin v. Wilks
Notes and Problems
D. Interpleader
Southern Farm Bureau Life Ins. Co. v. Davis
Notes and Problems
E. Class Actions
1. Introduction
2. The Class Action and the Constitution
a. Representative Adequacy
Hansberry v. Lee
Notes and Problems
b. Personal Jurisdiction
Phillips Petroleum v. Shutts
Notes and Problems
3. The Class Action and Federalism
Standard Fire Ins. Co. v. Knowles
Notes and Problems
4. Statutory Requirements
Notes and Problems
Wal-Mart Stores, Inc. v. Dukes
Notes and Problems
5. Settlement of Class Actions and the “Settlement Class”
Notes and Problems
a. Fees
Notes and Problems
b. Damages and Injunctive Relief
c. Settlement and Dismissal
Amchem Products, Inc. v. Windsor
Notes and Problems
Assessment Questions
Analysis of Assessment Questions
Table of Cases
Table of Citations to the Judicial Code (28 U.S.C.)
Table of Citations to the Federal Rules of Civil Procedure
Table of Authorities
Index