1. Personal Jurisdiction
1.1. Satisfy a state statute
1.1.1. Just mention you need a state statute and move to the constitutional analysis
1.2. Satisfy the Constitution (Due Process)
1.2.1. Contact
1.2.1.1. Purposeful Availment: D reaches out to the forum
1.2.1.2. Foreseeable that D could yet sue in the forum
1.2.2. Relatedness
1.2.2.1. Specific PJ
1.2.2.1.1. The contact includes the "very thing" that harm the forum
1.2.2.2. General PJ: At home
1.2.2.2.1. Human
1.2.2.2.2. Corporation
1.2.3. Fairness
1.2.3.1. Only in specfic PJ
1.2.3.2. Burden on D and witnesses (HARD to meet)
1.2.3.2.1. show "a severe disadvantage in the litigation"
1.2.3.3. State's interest
1.2.3.3.1. if P is a citizen of the forum
1.2.3.4. P's interest
1.2.3.4.1. injured
2. Pleadings
2.1. Complaint
2.1.1. SMJ
2.1.2. Claim
2.1.2.1. Plead facts supporting a plausible claim
2.1.2.2. Fraud, mistake and special damages requires particularity and specificity
2.1.3. Relief
2.2. Respond(Rule 12d)
2.2.1. Motion
2.2.2. Answer
2.2.3. <=21 days after service with process
2.2.3.1. if waive service, 60 days from mailing waiver form
2.3. Defense RULE 12(b)
2.3.1. Lack of SMJ
2.3.1.1. No time limit of raising, the court must dismiss
2.3.2. (2) Lack of PJ; (3) Improper venue; (4) Improper process; (5) Improper service of business
2.3.2.1. WAIVABLE
2.3.2.2. Must put in the first motion/answer or else waived.
2.3.3. Failure to state a claim
2.3.3.1. Raise anytime through trial
2.3.4. Failure to join indispensable party
2.4. Answer
2.4.1. If not deny/state lack sufficient information, then assumed admit.
2.5. Amend
2.5.1. P amend complaint
2.5.1.1. <=21 days after D serve response
2.5.2. D amend answer
2.5.2.1. <=21 days after serving answer
2.5.3. Relates back
2.5.3.1. Join a claim: if same conduct, transaction or occurrence
2.5.3.1.1. Avoid statute of limiations
2.5.3.2. Change a D: 1) Same conduct, TX or occurrence 2) New D knew of this case within 90 days of filing 3) D should know that she'd have been named originally
2.6. Supplemental complain
2.6.1. for things happen after filing the pleading
2.7. Rule 11: The party and lawyer certifies 1) paper not improper purpose; 2) Legal contentions warranted by law; 3) Factual contentions and denial have evidentiary support
2.7.1. if violates
2.7.1.1. You serve the motion --> 21days safe harbor --> File the motion
2.7.1.2. Court issues "order to show cause"(No safe harbor) -> give a chance to be heard
3. Venue
3.1. In any district where
3.1.1. All D resides
3.1.1.1. If D doesn't reside in the US, venue is okay in any district
3.1.1.2. Human resides in where he domiciles
3.1.1.3. Business resides in where they subject to PJ
3.1.2. A substantial part of the claim
3.1.2.1. Where the defective product was manufactured, where P was injured
3.1.3. NOT applies if case removed! Venue is in federal district embracing the state court
3.2. Transfer
3.2.1. Transferee must be proper and have PJ
3.2.1.1. can't waive
3.2.2. Original district is proper
3.2.2.1. - Convenience of parties and witnesses; - In the interest of justice
3.2.2.1.1. Public and Private factor showing the transferee is the center of gravity.
3.2.2.2. Choice of law: Transferor
3.2.2.2.1. UNLESS transfer is to enforce an forum selection clause (a provision in which the parties agree that a dispute will be litigated in a particular place)
3.2.3. Original district is improper
3.2.3.1. Transfer in the interest of justice or dismiss
3.2.3.2. Choice of law: Of the state where it sits
3.3. Forum non conveniens
3.3.1. Can't transfer between a different judicial system
3.3.2. Dismiss or stay
4. Subject Matter Jurisdiction
4.1. Federal Question
4.1.1. Well pleaded: P's claim itself arise under federal law
4.1.1.1. "Is p enforcing a federal right?"
4.2. Diversity of citizenship
4.2.1. Between citizens of different states
4.2.1.1. No good if any P is co-citizen as any D
4.2.2. A citizen of US state & citizen of a foreign country
4.2.2.1. Green card holder is not an US citizen
4.2.3. >$75,000
4.2.3.1. Aggregate claims of 1 P against 1 D
4.2.3.1.1. Not necessarily fact related
4.2.3.2. Joint claim: use the total value of the claim
4.2.3.2.1. number of the parties is irrelevant
4.2.3.3. Equitable relief
4.2.3.3.1. 1) Decrease the value of property >75k; 2) Cost D >75k to comply with the injunction
4.2.4. Interpleader
4.2.4.1. Any 2 claimants are citizens of different states
4.2.4.1.1. Complete diversity not required
4.2.4.2. The amount in controversy >=$500
4.3. Cases MUST be brought in federal court
4.3.1. Patent infringement, bankruptcy, some federal securities and antitrust claim
4.4. Cases CAN'T be heard in federal court
4.4.1. Divorce, alimony, child custody, probate
4.5. Citizenship
4.5.1. Citizenship of human
4.5.1.1. Only 1 domicile
4.5.1.2. New domicile: Present in a new place, intent to make that your home in a foreseeable future.
4.5.1.3. Domicile when the case is filed
4.5.2. Citizenship of a corporation
4.5.2.1. Where incorporated
4.5.2.2. Principal place of business - where managers direct control of business activities
4.5.3. Partnership, LLC
4.5.3.1. The citizenship of all members
4.6. Removal
4.6.1. When? <=30 days after service
4.6.1.1. Starts at service on the last D
4.6.2. Who? All Ds
4.6.2.1. File notice of removal. Jointly or separately
4.6.2.2. P can NEVER remove
4.6.3. Where? To federal district embracing the original state court
4.6.4. NO removal in diversity case if
4.6.4.1. any D if a citizen of the forum
4.6.4.2. >1 year after the case was filed
4.6.5. Remand
4.6.5.1. 30 days after notice of removal is filed
4.6.5.2. Lack of SMJ: Anytime
4.7. Supplemental jurisdiction
4.7.1. T/O: Arise from the same transaction or occurrence as the underlying case
4.7.2. Exception: Claim asserted by a P in a diversity of citizenship case CAN'T
4.7.2.1. UNLESS multiple P, claim by one of them doesn't meet the amount, then OK.
4.8. Law applied in federal court
4.8.1. Erie Doctrine
4.8.1.1. Federal law on point that directly conflicts with state law?
4.8.1.1.1. Federal law
4.8.1.2. If no federal law on point, apply State Law if the issue is substantive
4.8.1.2.1. Clearly "Substantive"
4.8.1.3. Weigh "Substantive"
4.8.1.3.1. Outcome determinative
4.8.1.3.2. Balance of interests (federal/state)
4.8.1.3.3. Avoid forum shopping
5. Service of process
5.1. Notice
5.1.1. Summons
5.1.2. A copy of the complaint
5.2. Serve human
5.2.1. Give to D personally
5.2.1.1. NONPARTY who is >=18 year old can serve process
5.2.1.2. <=90 days after file the complain
5.2.2. 1) Serve someone of in suitable age and discretion who RESIDES there 2) at D's usual abode
5.2.3. Serve D's agent
5.2.4. State law method
5.2.4.1. of the state where the federal court sits or where service is made
5.3. Service on a business/org
5.3.1. officer, managing or general agent
5.3.2. state law method
5.4. Serve a minor
5.4.1. State law method
5.4.1.1. Of the state where service is to be made
5.5. Service in a foreign country
5.5.1. International agreement
5.5.2. if no
5.5.2.1. Directed by American court
5.5.2.2. Mail sent by the clerk the American court requiring signed receipt
5.6. Service of other documents
5.6.1. Mailing. sent email if the party agrees
6. Preclusion
6.1. If case 1 and case 2 are in different judicial systems, the court in case 2 applies the preclusion law of the judicial system that decided case 1
6.2. Claim Preclusion: Only get to sue on a claim once
6.2.1. Case 1 and case 2 were brought by the same P against the same D
6.2.2. Case 1 ended in a valid final judgment on the merit
6.2.2.1. Not on the merit if based on jurisdiction, venue or indispensable parties
6.2.3. Same claim
6.2.3.1. Majority: T/O
6.2.3.2. Important minority view: property damage and personal injuries are separate b/c those are different primary rights.
6.3. Issue preclusion: only get to litigate an issue once
6.3.1. Case 1 ended in a valid, final judgment
6.3.2. The same issue was actually litigated and determined in Case 1
6.3.3. The issue was essential to the judgment in Case 1
6.3.4. Against the party or those in privity with a party in case 1
6.3.5. By whom?
6.3.5.1. Who was a party to case 1
6.3.5.2. Nonmutual defensive issue preclusion: By who's D in Case 2 but not a party in Case 1
6.3.5.2.1. Ok so long as P had fully chance to litigate in case 1
6.3.5.3. Nonmutual offensive issue preclusion: By who's P in Case 2 but not a party in case 1
6.3.5.3.1. Ok if fair
7. Appellate
7.1. Final judgment - Does the trial judge have any thing left to do on the merit of the case?
7.1.1. remand order cannot be appealed
7.2. File in the district court within 30 days after the final judgment
7.3. Interlocutory review
7.3.1. Order reviewable as of right.
7.3.2. Interlocutory appeals act
7.3.2.1. Reviewable order: 1) Preliminary injunction. NO TRO 2) Non-final order that Involves controlling issue of LAW, substantial ground for difference of opinion, and the court of appeals agrees to hear it.
7.3.2.1.1. controlling issues of LAW (Can't be fact!)
7.3.3. Collateral order doctrine
7.3.3.1. Is distinct from the merits of the case
7.3.3.2. Involves an important legal question
7.3.3.3. Essentially unreviewable if parties await a final judgment.
7.4. Standard of review
7.4.1. Affirm question of fact unless - findings are clearly irrelevant in non-jury; - reasonable people couldn't have made that finding in jury.
7.4.2. Affirm discretionary matters, unless the district judge abused her discretion
7.4.3. De novo reveal the content of jury instruction in questions of law.
7.4.4. NO reversal required if the error is harmless
8. Conference ~ Post trial
8.1. Rule 26(f) Conference
8.1.1. Present a detailed discovery plan <=14 days after the conference
8.2. Jury Trial
8.2.1. 17th Amendment apply in Federal Civil cases only
8.2.2. Demand the jury in writing <=14 days after service of the LAST PLEADING addressing a jury triable issue (usually the answer).
8.2.2.1. if you don't, you waive.
8.3. Motion for judgment as a matter of law
8.3.1. If granted, the case won't go to the jury.
8.3.2. If move for JMOL, not granted, then can move fore RJMOL within 28 days after entry of judgment.
8.3.2.1. if didn't move for JMOL, RJMOL waived. But can still move for new trail on the grounds that the verdict is against the weight of the evidence.
8.4. Motion for a new trial
8.4.1. Within 28 days after entry of judgment
8.4.2. Based on evidence presented at trial.
8.4.3. 1) Erroneous jury instruction 2) New evidence that could not have been gotten before with due diligence 3) Misconduct by juror or party or lawyer 4) judgment is against weight of the evidence 5) Inadequate or excessive damages
8.4.3.1. To avoid a new trial, could also go for remittitur (play hard ball with P); Additur (play hard ball with D)
9. Adjudication without trial
9.1. Temporary Restraining Order (TRO)
9.1.1. Before getting a preliminary injunction
9.1.2. Without giving notice to the other party, maybe "ex parte"
9.1.3. Under oath, file a paper show that he will suffer immediate and irreparable harm if wait until the other side is heard
9.1.4. <= 14 days + 14 days
9.1.4.1. If more than that, treated as a preliminary injunction
9.2. Preliminary injunction
9.2.1. A court order that D either do/refrain from doing before trial
9.3. Voluntary dismissal
9.3.1. "Without prejudice" - can refile the case "With prejudice" - cannot refile the case
9.4. Default judgement
9.4.1. Default cuts off D's right to respond due to D's failure of timely response
9.4.1.1. Never granted ex parte. Show 1) irreparable harm 2) likely to win 3) balance of hardship favors him 4) public interest
9.4.2. Relief: Can't exceed or different from what you ask for.
9.4.2.1. The clerk of court can enter judgment
9.4.2.2. In trial, P can recover more than (different kind of relief) she put in her complaint
9.4.3. P could apply to the court for default judgment
9.5. Motion to dismiss for failure to state a claim FRCP 12(B)(6)
9.5.1. Look at P's fact, ask "Assuming these facts are true, do they state a plausible claim?" (ignore legal conclusions)
9.6. Motion to set aside, with good cause and a viable defense
9.7. Motion for summary judgment FRCP 56
9.7.1. Can be partial
9.7.2. Can look at evidence, most favorable to the non-moving party
9.7.2.1. Pleading is not evidence, unless D failed to deny.
9.7.2.2. Evidence must be first-hand
9.7.3. Party move for summary judgment must show: 1) no genuine dispute on the material fact 2) entitled to judgment as a matter of law
9.7.4. Move for summary judgment <=30 days after close of discovery
10. Joinder
10.1. P may join any additional claim
10.2. Multiple P&D
10.2.1. Arise from the same transaction and occurance
10.2.2. Raise at least one common question
10.2.3. * assess SMJ!
10.3. Necessary and indispensable parties
10.3.1. Are you necessary?
10.3.1.1. A's interest may be harmed if not joined (practical harm)
10.3.1.2. Cannot accord complete relief among existing parties without A (worries multiple suits)
10.3.1.3. A claims an interest that subjects a party to a risk of multiple obligations
10.3.2. Can you be joined?
10.3.2.1. PJ + Won't goof up diversity
10.3.3. If you can't be joined, the court may proceed or dismiss the entire case.
10.4. Counterclaim
10.4.1. A->B: B->A
10.4.2. Compulsory claim if same T/O. MUST assert it in this case unless you have already filed in another case. if you don't, you LOSE it.
10.5. Crossclaim
10.5.1. A->B&C: B->C
10.5.2. Must arise from the same T/O
10.5.3. Not compulsory
10.6. Impleader (TPD)
10.6.1. A->B: B->C
10.6.2. To shift the liability to third party
10.6.2.1. Indemnity(full), contribution(pro-rata)
10.6.3. Implead <=14 days of serving answer
10.6.4. A TPD may be joined by the original D only when the original D claims that TPD is liable for all or part of the P's original claim.
10.6.4.1. TPD can assert a claim against P, vise versa
10.6.5. * assess SMJ
10.6.5.1. If diversity, should look at D &TPD (the opposing parties), P is irrelevant!
10.7. Intervention
10.7.1. A nonparty brings herself into the case
10.7.2. Intervention of right. A's interest may be harmed if not joined and is not adequately represented now.
10.7.3. Permissive intervention. A's claim and the pending case have at least one common question
10.8. Class Action
10.8.1. 4 requirements: Numerosity, commonality, typicality, representative adequate.
10.8.2. 3 types
10.8.2.1. Prejudice: Necessary to avoid harm to class members or non-class party (Limited fund)
10.8.2.2. Seeks injunction or declaratory judgment b/c D treated the class members alike
10.8.2.2.1. Can't seek damage
10.8.2.3. Common questions predominate + Class action is the superior method to handle the dispute (Mass tort)
10.8.2.3.1. Notice - They can opt out or else be bound, can enter a separate appearance through counsel (Type 3 ONLY)
10.8.3. SMJ
10.8.3.1. Diversity: Rep's citizenship only + Rep's claim >$75,000
10.8.3.2. CAFA
10.8.3.2.1. >=100 members
10.8.3.2.2. Diverse citizenship between: Any class member and any D
10.8.3.2.3. Aggregate claims >=$5,000,000
11. Discovery
11.1. Initial required disclose
11.1.1. Each party must give even no one asks
11.1.2. <=14 days of Rule 26(f) conference
11.1.3. Scope
11.1.3.1. Identities of the person who have discoverable info you use to support your claim
11.1.3.2. Documents and things you use to support your claim
11.1.3.3. Computation of relef
11.1.3.4. Insurance coverage
11.2. Expert Witness
11.2.1. 1) Identity and 2) the written report by the EW must be disclosed
11.2.2. Expert that doesn't testify at trial is Consulting Expert. Facts known and opinion held by consulting experts are generally NOT discoverable
11.2.3. EW and client are work product
11.3. Pretrial disclosure
11.3.1. <=30 days before trial, give detailed info about trial evidence
11.4. Discovery tool
11.4.1. Request after Rule 26(f) conference
11.4.1.1. Except: Can serve request to produce >=21 days after service of process
11.4.2. Depositions
11.4.2.1. Live testimony
11.4.2.2. Notice of deposition a PARTY; Subpoena a NON-party.
11.4.2.2.1. Duces tecum: requires the deponent to bring requrest materal with her
11.4.2.2.2. <=100 miles from where she resides
11.4.3. Interrogatories
11.4.3.1. Sent only to PARTY, never to nonparties
11.4.3.2. Respond <=30 days from service. +3 days if mailed.
11.4.3.3. Respond must be based upon info reasonably availably available to you.
11.4.3.4. Contention interrogatories are OK
11.4.4. Request to produce
11.4.4.1. To party only, Non-party use subpoena.
11.4.5. Medical exam
11.4.5.1. Must get a court order
11.4.5.2. Show 1) the person's health is in actual controversy 2) good cause
11.4.5.3. You can request a medical report of your own. If you do, you must produce all medical reports by your own dr about that medical condition. You also waives any dr/patient privilege
11.4.6. Request for admission
11.4.6.1. Sent only to party, never to non-parties.
11.4.6.2. Within 30days of service
11.5. Scope of discovery
11.5.1. Anything relevant to a claim or defense, and proportional to the need of the case
11.5.2. Privilege
11.5.2.1. Evidentiary privilege
11.5.2.1.1. prepared in anticipation of litigation
11.5.2.2. Work product
11.5.2.2.1. Discoverable if substantial need and not otherwise available
11.6. Enforcement
11.6.1. Protective order
11.6.1.1. If request subject to annoyance, embarrassment, undue burden or expense,
11.6.1.2. The court can deny, limit or permit it on specified terms
11.6.2. Sanctions
11.6.2.1. Less than full response: 1) Move for an order compelling 2) Merit sanction
11.6.2.2. No response: Merit sanctions