Personal Jurisdiction
Power to bind a defendant = this type of jurisdiction.
What is personal jurisdiction?
Federal courts have power over claims that arise under federal law.
federal-question jurisdiction
What does notice pleading require under Rule 8 and Twombly/Iqbal?
A short and plain statement of (1) the court’s jurisdiction, (2) the claim showing entitlement to relief, and (3) the demand for relief — plus enough factual matter to make the claim plausible (Twombly/Iqbal), giving the defendant fair notice of what they’re being sued for.
The scope of discovery is anything relevant and
proportional to the needs of the case (Rule 26(b)(1)), even if it wouldn’t be admissible at trial
What is the summary judgment standard under Rule 56?
No genuine dispute of material fact and the movant is entitled to judgment as a matter of law—i.e., no reasonable jury could find for the nonmovant based on the paper record.
Claim preclusion requires _____, _____, and _____.
What is same claim, same parties, and final judgment on the merits?
Final judgments are _____ under §1291.
What is appealable?
Under §1291, appellate courts have jurisdiction only over these types of decisions.
What are final decisions?
Notice of appeal must name each appealing party; court lacks jurisdiction over unnamed parties.
Torres v. Oakland Scavenger
Rule 60(b)(6) requires extraordinary circumstances; legal error alone insufficient;Rule 60 cannot remedy strategic mistakes; used only in extraordinary cases. 2 cases for double points.
BLOM Bank SAL v. Honickman; Aikens v. Ingram.
General jurisdiction over an individual exists where they are
domiciled/at home
Diversity jurisdiction requires _____ and this amount.
Complete diversity and $75,000+ in controversy
These cases (1) introduced plausibility pleading and (2) required facts showing plausibility rather than conclusions.
What is Twombly and Iqbal?
Initial disclosures under 26(a)
(1) Names/contact of individuals with relevant info; (2) Documents, ESI, and tangible things you may use; (3) Computation of damages and supporting materials; (4) Insurance agreements that may cover the judgment.
What is the significance of Celotex for summary judgment?
Celotex held that a movant can win summary judgment by showing the nonmovant lacks evidence on an essential element—no need to produce evidence itself; just point out the absence in the record.
Issue preclusion requires
same issue, actually litigated and necessarily decided
Standard of review for factual findings.
What is clear error?
A plaintiff may voluntarily dismiss an action without court order before the defendant serves this.
What is an answer or a motion for summary judgment?
Relation back allowed when correct defendant had notice; plaintiff’s knowledge irrelevant.
Krupski v. Costa Crociere S.P.A.
Relation back allowed when correct defendant had notice; plaintiff’s knowledge irrelevant.
Krupski v. Costa Crociere S.P.A.
Minimum contacts require ___ by the defendant.
purposeful availment of minimal contacts
What is the measure of the amount in controversy based on?
good faith standard
A 12(b)(6) motion tests this.
legal sufficiency of the complaint
A party may withhold discoverable information without waiving objections if they serve this document describing what’s being withheld.
A privilege log (Rule 26(b)(5)).
This case says nonmovant must show more than metaphysical doubt.
What is Matsushita?
Defensive non-mutual issue preclusion = used by this kind of party. Include case.
New defendant against a plaintiff, Blonder-Tongue Labs v. University of Illinois Foundation
Rationale: a plaintiff who had a full and fair opportunity to litigate an issue once should not get a second bite at the apple
Order that is usually unappealable before final judgment absent a statutory exception.
What is interlocutory order?
Under Rule 38, a party waives this right if they do not demand it within 14 days of the last pleading.
What is the right to a jury trial?
Absent party indispensable under Rule 19; case must be dismissed.
Camacho v. Major League Baseball
Absent party indispensable under Rule 19; case must be dismissed.
Camacho v. Major League Baseball
A state always has PJ over a defendant who is personally served while physically present in forum state
Tag jurisdiction (Burnham)?
Corporations have citizenship in two places:
incorporation and principal place of business (nerve center)
Under Twombly/Iqbal, courts disregard these types of statements when evaluating plausibility.
conclusory allegations
This doctrine protects attorney impressions, theories, and litigation strategies. (2-part question: name the doctrine + what condition triggers it.)
The work-product doctrine, triggered when materials are prepared in anticipation of litigation.
Standard of review for JML on appeal.
De novo. The appellate court reviews the record in the light most favorable to the nonmovant and asks whether a reasonable jury could have reached the verdict.
Offensive non-mutual issue preclusion = used by this kind of party. Include case and commonality.
a new plaintiff, Parklane, RARER, has a high standard to succeed
Collateral order doctrine requires conclusiveness, separate from the merits, and this
effectively unreviewable after final judgment
This standard applies when a district court reviews a magistrate judge’s nondispositive pretrial order.
What is “clearly erroneous or contrary to law”?
Work product protects attorney mental impressions; substantial need required to overcome.
Hickman v. Taylor
Work product protects attorney mental impressions; substantial need required to overcome.
Hickman v. Taylor
In International Shoe, the Court required contacts be these two things.
Continuous and systematic or related to the claim
When a plaintiff brings multiple claims, when does federal-question jurisdiction exist?
When a plaintiff joins multiple claims, federal-question jurisdiction exists only if at least one claim independently satisfies § 1331 under the well-pleaded complaint rule. Remaining claims may come in through supplemental jurisdiction IF part of the same case or controversy.
This rule supplies the baseline plausibility standard for most claims, while the other requires that parties plead the “who, what, when, where, and how” of certain allegations. Must state which is which.
Rule 8(a) and Rule 9(b)
Work product becomes discoverable only upon this showing.
A showing of substantial need and undue hardship in obtaining the equivalent by other means (Rule 26(b)(3)).
Renewed JML requires this first motion.
A Rule 50(a) JMOL motion made before the case goes to the jury (pre-verdict).
Signifiance of Little v. Blue Goose Motor Coach?
Claim preclusion bars all claims from same transaction that were or could have been raised
Mandamus is granted only when this occurs.
clear abuse of discretion/no other adequate remedy
Federal courts apply federal procedure and this type of law.
What is state substantive law?
Intervention granted when interest significant, impairment likely, representation inadequate.
Natural Resources Def. Council v. U.S. Nuclear Reg. Com.
Embedded federal issue allowed if substantial, disputed, and federally important.
Grable & Sons Metal Products, Inc. v. Darue Engineering and Manufacturing
Timing for asserting lack of personal jurisdiction
in your Rule 12(b) motion (if you file one) OR in your first responsive pleading (your answer)–whichever comes first. If you don’t raise it then, it’s WAIVED. Rule 12(h)(1).
Plaintiff sues D1 (diverse) in federal court. D1 impleads D2 (non-diverse). Plaintiff now wants to assert a claim against D2. Does §1367(b) allow it?
No. Because this is a diversity-only case, §1367(b) blocks supplemental jurisdiction over plaintiff claims against parties joined under Rule 14 when doing so would destroy diversity.
What does relation back require to defeat the statute of limitations?
The amended claim must arise out of the same conduct, transaction, or occurrence as the original pleading (Rule 15(c)).
Expert reports must include these.
The expert’s opinions, the bases/data, and the expert’s qualifications + compensation + prior testimony (Rule 26(a)(2)(B)).
At summary judgment, the nonmoving party cannot rely on mere allegations and must instead produce what type of evidence?
Admissible evidence (or evidence that can be presented in admissible form) showing a genuine dispute of material fact.
Manego: why employ the T/O test for claim preclusion?
conserves resources, ensures consistency, prevents gamesmanship & harassment. MAY bar meritorious legal theories
Appellate courts may affirm on any ground supported by the record for these policy reasons
To avoid unnecessary remands, preserve judicial efficiency, uphold correct results even if reasoning was imperfect, and promote finality.
This doctrine allows immediate appeal of certain decisions that conclusively determine important issues separate from the merits and are effectively unreviewable later.
What is the collateral order doctrine?
Suspicion alone insufficient to survive summary judgment; need affirmative evidence.
Arstein v. Porter
Suspicion alone insufficient to survive summary judgment; need affirmative evidence.
Arnstein v. Porter
This fairness factor considers whether jurisdiction is unreasonable despite contacts.
What is the “traditional notions of fair play and substantial justice” test?
4 Parts of Federal Ingredient Test + Case (need all 5 answers)
(1) The state-law claim necessarily raises a federal issue. (2) The issue is actually disputed. (3) The issue is substantial (important to the federal system). (4) Federal jurisdiction won’t disturb the balance between state and federal courts.
Grable & Sons Metal Products, Inc. v. Darue Engineering & Manufacturing
Heightened pleading standard applies to these cases. Must state case for full points.
fraud or mistake (Rule 9(b); Juul
Which discovery device, governed by Rule 36, is used to conclusively establish facts, the application of law to fact, or the genuineness of documents unless timely denied?
Requests for Admission—they bind the party unless denied or amended with the court’s permission.
Under Anderson v. Liberty Lobby, what burdens of proof must a court consider when deciding summary judgment?
It asks whether a reasonable jury could find for the nonmovant under the correct burden;
Preponderance of the evidence
Clear and convincing evidence
(In rare civil cases) Beyond a reasonable doubt if that’s the trial burden.
Issue preclusion does NOT apply if the party lacked this.
What is a full and fair opportunity to litigate?
Judge may order new trial when verdict is?
What is (1) against the weight of the evidence; (2) based on seriously erroneous result; (3) procedural unfairness; (4) excessive damages?
Failure to investigate facts violates Rule 11; sanctions appropriate.
Zuk v. Eastern PA Psychiatric Inst. of Medical College of PA
Legal issues tried to jury before equitable claims; preserve jury right.
Beacon Theatres, Inc. v. Westover
Failure to investigate facts violates Rule 11; sanctions appropriate.
Zuk v. Eastern PA Psychiatric Institute of Medical College of PA
When a defendant intentionally targets a forum knowing harm will occur there
Calder effects test
What is a well-pleaded complaint and where does it come from?
Mottley: Federal-question jurisdiction exists only if the federal issue appears on the face of the plaintiff’s properly pleaded complaint.
The plaintiff’s claim itself must arise under federal law. You CANNOT get federal-question jurisdiction based on: (1) a federal defense, (2) a federal reply, (3) an anticipated federal issue, (4) or a counterclaim.
The plaintiff is the master of the complaint.
Court may order this pleading to clarify vague allegations.
a more definite statement (Rule 12(e))
Under Rule 26(b)(3)/Upjohn, work product protects materials prepared for litigation. But even when work product applies, what category of information is never shielded from discovery?
The underlying facts — facts are always discoverable, even if communicated to or by counsel.
What is the difference between summary judgment and JMOL?
Summary judgment (Rule 56): Before trial; based on the paper record; asks if any reasonable jury could find for the nonmovant.
JMOL (Rule 50): During/after trial; based only on trial evidence; asks if any reasonable jury did or could find for the nonmovant.
claim preclusion vs issue preclusion
Claim preclusion bars entire claims that were or could have been raised;
issue preclusion bars only issues that were actually litigated, decided, and essential to a prior judgment.
A notice of appeal must generally be filed within this many days after entry of judgment.
30 days (Rule 4(a)(1)).
Streamlines litigation; Rule 56 intended to “isolate and dispose of factually unsupported claims.” Prevents weak cases from reaching trial.
New trial allowed when verdict against clear weight of evidence; judge may weigh credibility.
Ahern v. Scholz
Legal issues tried to jury before equitable claims; preserves jury right.
Beacon Theatres, Inc. v. Westover
In Erie, why does state law apply?
There’s no such thing as general common law; Swift depended on the idea that “there was a transcendental body of law outside of any particular state but obligatory within it unless and until changed by statute”
P sues D for state-law breach of contract. D’s only defense is that a federal statute preempts the contract. Does the case arise under federal law?
No. A federal defense does not create federal-question jurisdiction under the Well-Pleaded Complaint Rule.
Difference between Conley and Twombly/Iqbal?
Conley: Case survives unless there is no set of facts the plaintiff could prove—very lenient.
Twombly/Iqbal: Must plead enough facts to make the claim plausible, not just possible; courts ignore conclusory allegations.
A court may issue a protective order under Rule 26(c) when discovery is what?
Overbroad, unduly burdensome, oppressive, or seeks confidential information.
How does JMOL differ from granting a new trial?
JMOL says the jury had no legal basis to rule for the nonmovant; a new trial says the verdict was against the weight of the evidence or trial errors made it unfair.
When does claim preclusion bar a second lawsuit?
When the first case resulted in a final valid judgment on the merits, involved the same parties, and the second suit arises from the same claim/transaction.
Federal Rule of Evidence 606(b) generally forbids jurors from testifying about statements made during deliberations, mental processes, or how the verdict was reached, but allows impeachment of a verdict only when this type of information is involved. 2 out of 3 needed for full points.
what is: (1) extraneous prejudicial information was improperly brought to jury’s attention; (2) an outside influence was improperly brought to bear on any juror; OR (3) mistake made in entering the verdict?
Nonparty preclusion limited to six exceptions; no virtual representation. Name at least 3 & the case for full points.
(a) Agreement to be bound, (b) Pre-existing substantive legal relationship, (c) Adequate representation (e.g., class actions; fiduciaries), (d) Control of prior litigation, (e) Proxy/agent or designated representative, (f) Special statutory schemes. Taylor v. Sturgell.
Inconsistent jury verdicts require reconciliation or new trial.
Zhang v. American Gem Seafoods, Inc.
Directed verdict does not violate Seventh Amendment; judge may remove case with insufficient evidence.
Galloway v. U.S.
_____ (Case) expanded relatedness by allowing _____ (concept; looser causal link).
What is Ford v. Montana and “arise out of or relate to”?
If a nondiverse party is joined under Rule 19 and destroys diversity, the court must _____
Dismiss the action (indispensability)
Rule 15 requirements for changing a defendant
(1) the claim arises from same T/O, (2) the new party received notice within the Rule 4(m) period so they won’t be prejudiced,
(3)new party knew/SHK they weren’t originally named only but for mistake.
When can a party obtain discovery from (1) testifying experts and (2) non-testifying consulting experts under Rule 26(b)(4)?
(1) Testifying experts: Only after they are designated—otherwise discovery is premature. 26(b)(4)(A)
(2) Non-testifying experts: Only upon exceptional circumstances. 26(b)(4)(D)
Difference between JML and new trial.
JML looks at legal sufficiency (no reasonable jury could find for the nonmovant); During trial after a party has been fully heard (50(a)); After verdict as Renewed JML (50(b)), only if 50(a) was made.
New trial looks at the weight and fairness of the verdict (verdict is against the clear weight of evidence, seriously erroneous, or trial was unfair); after verdict.
Manego transactional test
What is whether two claims arise out of the same event or transaction?
All three jury verdict impeachment exception rules & what they entail
Mansfield→no impeachment, period
Iowa/CA→allows evidence of external, overt acts/objectively ascertainable
Federal→extraneous prejudicial information improperly brought to jury, outside influence improperly brought to jury, mistake entering verdict
free question :)
we are going to crush it tomorrowwwww <3
Jurors cannot impeach verdict using mental processes; only external influences allowed.
People v. Hutchinson
Juror impeachment: discovery orders denying privilege not appealable under collateral order doctrine.
Mohawk Industries, Inc. v. Carpenter