Supp JX
What is step one of Supplemental JX?
28 USC 1367(a) and United Mine Workers v. Gibbs
Does the additional claim share a CNOF with the original claim?
What is the Erie Doctrine?
Federal courts in diversity cases apply state substantive law and federal procedural law.
When can you join a party (permissive joinder)?
1. same t/o
2. common question of law or fact
What are the types of voluntary and involuntary dismissal?
Voluntary dismissal
1. notice (R.41)
2. stipulation
3. court order
Involuntary dismissal
1. Plaintiff fails to prosecute
2. Plaintiff fails to follow the rules
3. R.12(b)(6) motion
What are the three required disclosures?
1. initial disclosure
2. expert testimony
3. pre-trial disclosure
What is step two of supplemental JX?
1. Is the original claim based solely on diversity JX?
2. defendant or plaintiff?
3. destroy diversity?
What happens when federal law conflicts with state law?
Hanna
Use federal law if
1. Valid/ constitutional
2. Arguably procedural
What is the difference between compulsory and permissive counterclaims?
1. compulsory-- same t/o, waivable
2. permissive-- unrelated, unwaivable (must satisfy JX requirements)
What is the standard for JML?
Weighing the evidence (not the credibility of witnesses).
What can be discovered and what cannot be discovered?
26(b) scope of discovery
1. matter relevant to any claims or defenses, and
2. non-privileged, and
3. proportional to the needs of the case
cannot discover
1. work product (exception Hickman v. Taylor)
2. privileged matter (exception Hickman v. Taylor)
3. mental impressions, conclusions, legal theories, and opinions
Does supplemental JX require parties to meet the AIC requirement.
No, but complete diversity is required for plaintiffs
Exxon Mobile Corp v. Allapattah Services
What happens if a federal practice conflicts with a state practice?
Analyze the twin evils
What is the difference between impleader and required parties?
impleader-- defendant adding a party, claiming they are responsible (indemnification or contributory)
Required parties-- defendant files a 12(b)(7) and the court orders the parties to be added to the suit. The court cannot fairly and adequately resolve the dispute without them.
What are the three categories of error that may trigger a new trial?
1. weight of evidence
2. process errors
3. new evidence
What are your discovery tools?
1. required disclosures
2. depositions
3. interrogatories
4. request for documents
5. physical and mental examinations
6. request for admissions
In a diversity claim, can the defendant join nondiverse plaintiffs?
No supplemental JX if complete diversity is destroyed.
What are the twin evils?
1. Forum shopping impact
2. impact on inequitable administration of justice
What are the two types of interpleader?
1. 28 USC 1335(a)-- $500 or more, minimal diversity, bond
2. R.22-- AIC> $75K, complete diversity
What are the standards of review?
1. de novo-- question of law
2. clearly erroneous-- fact finding by judge
3. abuse of discretion-- discretionary orders
4. reasonableness-- jury trial
What are your tools for controlling discovery?
1. R.26(g) sanctions
2. Objections
3. Spoliation
4. R.26(c) protective orders
What is step three in supplemental JX (court considerations)?
28 USC 1367(c)
1. novel/complex issue of state law?
2. the claim substantially predominates over the original claims?
3. The original claims have been dismissed?
4. Other compelled reasons based on exceptional circumstances
In a diversity case, what state law should be applied?
Klaxon
A federal court in a diversity case should apply the substantive law that would be applied by the state courts in the state in which the federal court sits.
What are the two types of intervention and how do you meet them?
1. Intervenors as a matter of law (timely, interest, impair or impede, UNLESS adequately represented)
2. Permissive intervenors (common question of law or fact and no undue delay or prejudice)
How do you apply the 7th amendment to new statutory rights?
1. is the claim analogous to one that would have been brought in equity or at law under traditional practices?
2. does the plaintiff seek relief that was traditionally available at law or in equity?
When can you modify a scheduling order? A final pretrial order?
1. good cause
2. to prevent manifest injustice