Disco Enforcement
What must you always do before you try to motion to compel or motion for a protective order?
What is meet and confer?
What is our inquiry for SJ?
Whether there is a genuine issue of material fact
What amendment preserves the right to a jury trial?
7TH AMENDMENT
When can a JMOL be raised?
After the other party has rested their case and before the jury deliberates
What is the standard for new trial?
What are the possible sanctions from failing to include something in your disclosures/failing to supplement?
What is not being able to use that info/witness at trial and if a motion to compel is granted the range of sanctions may be used.
What claims does the defendant have the burden of production over?
What are affirmative defenses?
What kinds of cases get a right to a jury trial?
Those cases that have a monetary remedy
What is the JMOL inquiry?
If a reasonable jury would not have a legally sufficient evidentiary basis to find for the party on that issue the court may grant a JMOL, but the court needs to construe the record in the best light possible for the non-movant
What is remittitur and additur?
R: Damages so excessive that a new trial is ordered conditioned on winner allowing decrease in damages
A: Loser agrees to a bigger payday for Plaintiff and this is unconstitutional
What happens if you move for a protective order and it is denied?
Still have to produce even if you do not want to! RIP
What is the Adickes standard?
Burden to rule out ways in which the plaintiff could win. If evidence presented in support of a motion for SJ does not establish the absence of a genuine fact then the motion must be denied
What are the three different kinds of verdicts?
General verdict: Just an answer;
Special Verdict: Fact specific Qs
General and Special: Both an answer and fact specific.
When can you raise a renewed JMOL?
Within 28 days after judgment entered
What is the holding in Eerie?
There is no federal common law and courts hearing state law claims from div jur or supp jur must apply relevant state law and federal procedure
what is a unique sanction that only noncompliance with a court order can cause?
Contempt of court
What is the Celotex standard?
It is enough to show that no evidence was provided by the party with the burden of production to establish there is an absence of a genuine issue of material fact.
When a court hears a case that has both a law and equity component who gets to decide first, the jury or the court?
The jury gets to resolve all common facts between the two then the court rules on the equity portion
What is the inquiry for renewed JMOL?
Same as before, motion should be granted only if there is no legally sufficient evidentiary basis to support the jury's decision in light most favorable to non-moving party
What case(s) are examples of not being able to get relief from judgment?
What is Blom Bank and Aikens v. Ingram?
What is the rule for fee shifting for motions to compel discovery when they are granted for a movant?
What is the disobedient party must pay the reasonable expenses incurred in making the motion, including atty fees.
What is the standard for SJ given by Matsushita?
Resisting an MSJ requires a P do more than simply show that there is some metaphysical doubt as to the material facts.
How many jurors are typically selected for a trial?
6-12; normally 10-12
Quhyn and Anna were in serious dispute over a product liability issue. Quhyn was selling etsy pajamas that were catching on fire left and right and Anna caught on fire as a result. Based on the trial record all 3 of Anna's experts say that Quhyn should have known that using acrylic, silk, and cotton (usually most flammable fabrics) as the key blends would have been a big risk. She did not produce her own experts and she only testified that she was unaware of the kind of fabric she was using since she got them off temu. Anna moves for JMOL. How should the court rule
Go crazy
Amanda sues Emily, Quhyn, and Anna for defamation and served discovery requests asking for every draft of Emily's testifying witness expert report, all emails between Anna's atty and her discussing trial strategy, and notes between Quhyn's non-testifying consulting expert took during a site visit to where the defamation occurred (don't ask more questions about that). Are any of these requested materials discoverable?
NO! (1) Drafts of initial disclosure reports from testifying experts are not discoverable; (2) ACP bars this one; (3) exceptional circumstances would have to be shown, otherwise no.