SMJ
What is the minimum amount-in-controversy requirement for diversity jurisdiction in federal court?
$75,000
What information is discoverable?
(1) relevant to any party's claim/defense
(2) proportional to the needs of the case
A preliminary injunctions may be issued on
upon notice
moving party gives security/bond
Joinder is feasible if
joinder will not remove SMJ AND
court has PJ power over the party
What are the elements of claim preclusion?
Parties are identical or in privity
prior judgment was rendered by a court of competent jurisdiction
final judgment on the merits in the prior action
same claim was involved in both actions
What is the aggregation rule re mutiple defendants?
A plaintiff may aggregate clams against one or multiple defendants if they are jointly and severally liable.
What is the rule regarding objections during discovery?
immediate and irreparable harm
What are the class action requirements?
Numerousity
Commonality
Typicaility
Adequacy of Representation
What are the elements of issue preclusion?
valid and final judgment on the merits
issue is identical to the issue decided in the prior action
issue was actually litigation, determined, and essential to the prior action
party against who enforcement is sought had a full and fair opportunity to litigate the issue in the prior action
What are the requirements for a court to have SMJ over a class action?
(1) AIC exceeds $5 million, (2) 100 class members, (3) minimal diversity
When can a pretrial scheduling order be modified?
(1) good cause
(2) judges consent
If granted, an ex parte automatically expires after
14 days
A party is necessary if
the court cannot grant complete relief without the plaintiff
the absent party claims an interest in the action that would be impaired
the party's absence creates a substantial risk of multiple liability or inconsistent obligations
What issue preclusion law applies when the prior decision was rendered in a state court?
The presumption laws of the state court in which the prior judgment was rendered.
When may a court delcine to exercise Supplemental Jurisdiction?
novel or complex issue og State law
claim substantially predominates over the other claims which the court has SMJ
the court dismissed all claims that had SMJ
in exceptional circumstances
What must be disclosed during initial disclosures?
(1) contact info of individuals likely to have discoverable information
(2) copy or description of all documents used to support its claims/defenses
(3) computation of damages
(4) insurance agreement
What is needed for a permanent injunction?
irreparable hinjury
legal remediies are inadequate
balance of hardships
public interest is not harmed
A third party may be impleaded if
the third party is or may be liable to D
for all of part of the claim against D in the action
What issue preclusion law applies when the prior decision was rendered in a federal court sitting in federal question jurisdiction?
Federal preclusion law applies.
This doctrine allows the court to abstain from exercising when federal adjudication would interfere with a state's administration of a complex regulatory scheme.
Buford Doctrine
What are two remedies when a party intentionally fails to preserve ESI?
(1) presume the lost info was unfavorable
(2) instruct the jury that it may or may not presume that the lost info was unfavorable
(3) dismiss the action
(4) default judgment
True or False, the US and its officers and agencies are required to give security for a TRO.
FALSE
A party has a right to intervene if
the application to intervene is timely
party had an interest in the subject-matter
that protection of the interest would be impaired
such interest is not adequately represented by existing parties in the action
What issue preclusion law applies when the prior decision was rendered in a federal court sitting in diversity jurisdiction?
The preclusive law of the state in which the present court sits.