Discovery
FRCP 26 (Favale)
Parties may obtain discovery regarding any non-privileged matter that is relevant and proportional to the needs of the case
FRCP 37(e) (Swift)
Sets forth sanctions (i.e., adverse inference) because a party failed to take reasonable steps to preserve or acted with intent to deprive information
FRCP 20 (Mosley)
Permits the joinder of plaintiffs if they (a) assert any right to relief on claims arising out of the same transaction or occurrence and (b) have a common question of fact or law
A fair trial requires...
A fair trial requires an impartial judge and unbiased jury.
FRCP 16 (Monfore)
Under Rule 16, the final pretrial order controls the course of trial unless modified and parties are bound to the claims, defenses, and issues preserved in the pretrial order.
Cerrato, Rengifo
A matter is privileged when production is unduly cumulative, duplicative, burdensome, oppressive, or annoying
FRCP 56
Summary judgment is appropriate when no genuine dispute of material facts exists and movant is entitled to judgment as a matter of law
FRCP 19 (Temple, Marvel)
§455 (Caperton)
A judge must recuse whenever their impartiality may be reasonably questioned, and due process prohibits adjudication where there is a serious risk of actual bias.
FRCP 26(b)(4) (Zubulake)
Protects reports and opinions of witnesses retained in anticipation of reasonable litigation including litigation holds, suspend routine destruction, preserve relevant ESI
Celotex, Scott, Tolan Standards
Courts must interpret evidence in the light most favorable to the non-moving party; moving party can overcome by showing that the non-movant lacks evidence and there's a blatant contradiction of the non-movant's claim
FRCP 14 (Price)
A defendant may implead a third party they believe is liable
Jury Selection (§1862, Batson, Flowers)
Jury selection must comply with §1862 prohibiting discrimination on the basis of any protected class; for cause strikes are unlimited but peremptory strikes are limited to three, so long as they are not suspected to be discriminatory, making them subject to a Batson challenge.
FRCP 26
Experts are divided into those who must provide an elaborate written report (fact witnesses) and those who need not (those who will not testify)
Allows judgment as a matter of law when no reasonable jury could find for the party, either before the verdict (Directed Verdict JMOL) directing the jury to reach a certain conclusion or after the verdict (JNOV) deciding the jury has not reached the correct result because it was against the weight of the evidence.
Work Product Doctrine (Hickman)
The work product of an attorney is protected if it is prepared in anticipation of litigation or their legal thoughts or impressions, work product may only be discoverable if there is showing of substantial need and undue hardship
Authorizes a new trial when the verdict is against the weight of the evidence, results from procedural error, or is clearly erroneous/unfair.