Timing for Motions
When is a motion for JMOL/ Directed Verdict made?
After the evidence has been presented, but before the case has been submitted to the jury
What is a JMOL/Directed Verdict and what is the standard?
A JMOL takes a case away from the jury and allows the judge to render a decision on an issue.
The court views the evidence in a light most favorable to the non-moving party.
Standard: To grant a JMOL, the court must find that a reasonable jury would not have a legally sufficient basis to find for the non-moving party.
What is required for the certification of a class?
The class must (1) be so numerous that joinder of all its members is impracticable; (2) contain common questions of law/fact shared by the class; (3) have a representative who has claims/defenses that are typical of those of the class; and (4) have a representative that fairly and adequately represents the interests of the class.
How is jurisdiction measured in class actions?
Only by the class representative. Absent class members don't have to satisfy minimum contacts.
Diversity is measured by the class representative and only their individual claim must exceed $75,000.
When is a partial judgment appealable?
Only when the court (1) expressly determines that there is no just reason for delay; and (2) directs for the entry of the judgment as final
When is a motion for RJMOL made?
within 28 days of entry of the judgment
What limits a RJMOL?
(1) It can only be made if a JMOL was made at some point during the trial.
(2) It is limited on the grounds raised in the initial JMOL.
What notice is required to members of a Damages class action and who pays for it?
All reasonably identifiable class members must get reasonable and adequate notice and it must include in it (1) their rights to opt out and (2) their right to appear via separate counsel.
The class representative pays for it.
Who is bound by a class action judgment?
All class members (even absent ones that never got actual notice) who did not opt out.
When are separable & collateral orders appealable?
When they are (1) separable from and collateral to the main suit; (2) too important to be denied review; and (3) would essentially become unreviewable if the parties waited for final judgment.
When must a motion for a new trial made?
within 28 days of the entry of the judgment
When is a motion for a new trial granted?
If there was some serious error that occurred during trial; like prejudicial error, prejudicial misconduct, if the verdict is against the weight of the evidence, newly discovered evidence that couldn't be discovered before with due diligence, or excessive or inadequate damages
What is the procedure after a judge certifies a class?
Then court must the define the class, claims, issues, and defenses and then appoint class counsel.
What is the process for settling a class action suit?
What is special about damages class actions and their settlements?
(1) Court approval is required; (2) the settlement must be fair, reasonable and adequate; and (3) the court will seek feedback from absent class members in deciding whether to approve or reject it.
For damages class actions - courts may give members a second chance to opt out again before approving the settlement.
What are the appellate standards of review for (1) reversal of a ruling; (2) a pure question of law; (3) a pure question of fact in a bench v.s jury trial; (4) mixed questions of fact and law; (5) discretionary rulings; and (6) jury instructions that affect someone's substantial rights
(1) harmless eror; (2) de novo; (3) for a jury trial its whether a reasonable jury couldn't have reached the same conclusion, for a bench trial its clearly erroneous; (4) de novo; (5) abuse of discretion; and (6) plain error
When must a notice of appeal be filed and where should it be filed?
It is filed with the trial court within 30 days of the entry of the final judgment.
What is additur and what is remittitur and are they permitted in federal court?
Additur is an increasing of the jury award, but it is prohibited by the 7th amendment so a judge can instead order a new trial if the jury award is too low.
Remittitur is a decreasing of the jury award and is permitted if the award "shocks the conscience." A judge can order a new trial or offer the plaintiff the choice of taking a lesser figure set by the court.
What is CAFA (Class Action Fairness Act) and what classes does it apply to?
If gives SMJ to class actions if (1) any class member is diverse from any defendant and (2) the class's aggregate claims exceed $5 million.
It only applies to classes of 100 members or more, and does not apply to shareholder claims against corporate management.
What constitutes a "final judgment" for an order to be appealable?
What are writs of mandamus and writs of prohibition?
they command a trial judge to act or refrain from acting if (1) appeal would be insufficient to correct a problem and (2) the trial court's actions constitute a serious abuse of power that must be immediately corrected
When must a judgment for relief / motion to set aside a judgment be made?
Not more than 1 year after the judgment is entered if its based on (1) mistake, (2) newly discovered evidence, or (3) fraud or misconduct.
Within a reasonable time after judgment is entered if it is based on (1) a void judgment; (2) judgment was based on an earlier judgment that has been reversed or vacated; or (3) any other grounds that justify release
What standard must prove that fraud, misrepresentation, or misconduct occurred in a trial to warrant the granting of a judgment for relief or motion to set aside?
What are the requirements for a Damages class action?
(1) Money damages is the primary relief sought; (2) common questions of law or fact must predominate over individual questions; and (3) class action must be superior to other procedures to resolve the dispute.
What is the Interlocutory Appeals Act?
It allows for discretionary appellate review when: (1) the trial judge certifies that the interlocutory order involves a controlling question of law as to which there is substantial ground for difference in opinion and immediate appeal from the order may materially advance the ultimate termination of the case and (2) the appellate court agrees to allow the appeal
What are the elements of claim preclusion vs. issue preclusion?
Bonus: When is offensive non-mutual issue preclusion permitted?
Claim Preclusion: (1) valid, final judgment on the merits; (2) same claim or T/O; (3) same parties or people in privity.
Issue Preclusion: (1) valid, final judgment on the merits; (2) same issue; (3) issue was essential to the judgment; and (4) the person IP is being asserted against was a party to the prior action.
Bonus: when it is fair after balancing these factors: (1) Whether party against whom it's being asserted had a full and fair opportunity to litigate; (2) whether the party could foresee multiple suits being filed; (3) whether the party asserting preclusion controlled or could have joined the prior litigation; and (4) there are no inconsistent judgments on the record