JDX/VENUE/Choice of Law **
Specific v. General JX
Specific:
Cause of action arises out of or closely relates to a D's contact w/forum state, even if it's the only contact. Specific jx for that action only
General:
Requires that D be domiciled in or have continuous & systematic contacts w/the forum state; confers personal JX even when a c/a has no relationship w/D's contacts w/the state
Amendments
Party can amend 1x as matter of right w/in 21 days if no responsive pleading is required
or after being served w/ an answer or 12(b) motion
Otherwise - during/after trial if it conforms to evidence & OC has opp to prepare
Permissive Joinder
Ps - Any number of pltfs can join if:
- they assert claims arising out of same transaction/occurrence or series; and
- there is common question of LAW or FACT
Ds - Any number of Ds can be joined in same action if:
- the claims against them arise out of the same transaction or occurrence (or series) AND
- Common question of law or fact
**No party can be joined if their presence would destroy complete diversity
12(b)(6) MTD
Requests the court dismiss the case based on nonmovant's cx failing to assert legally cognizable claim OR fails to allege facts that sufficiently support the claim
Court's consideration limited to:
Contents of the pleadings (including exhibits)
Matters of public record
Court must:
treat all well-pleaded facts in the cx as true &
view evidence and draw all reasonable inferences in light most favorable to the nonmovant
Claim Preclusion
Bars re-litigation of claim by same parties/successors
Reqs:
1) must have been a final judgment on the merits
2) second suit is btwn same parties/successors in interest; and
3) second suit must involve same claim/cause of action
Final judgment = default judgment; summary judgment and dismissal w/prejudice
*Precludes re-litigation of every claim that was raised or should have been raised in the 1st suit
Transfer - Diversity - Law?
If OG venue proper - apply law from previous court
If OG venue improper - district court applies choice-of-law rules of state in which it is located
TRO
Effective for a limited time (no more than 14 days unless good cause exists)
no notice to AP req if: immediate & irreparable harm + movant's atty certifies efforts to give notice
*Not immediately appealable*
AP may file Motion to Dissolve
Impleader
D bring someone to suit who is or may be liable to defendant for all or part of Ps claim against him (indemnity)
Impleaded Party = 3rd Party Def.
Citizenship doesn't matter
P can ALSO assert their own 3P claim against the 3P-Def IF that claim:
Arises out of the same transaction/occurrence that is the subject matter of P's claim against D in original cx; and
satisfies original SMJ on its own
When pleading contains insufficient defense, redundant, immaterial, or scandalous material, what can you do?
File Motion to Strike
Notice of Appeal
Filed w/district clerk w/in 30 days after judgment OR order being appealed is entered
Erie Doctrine
FQ - federal substantive & procedural law controls, as well as federal CL
DJ - state substantive law & applicable federal procedural law
Substantive law = elements of a claim or defense; statute of limitations & tolling provisions; & burden of proof
If issue is not clearly substantive or procedural and no federal law directly applies - apply state law if (1) it would be outcome determinative—i.e., failure to apply it would result in forum-shopping or inequitable administration— and
(2) there is no contrary federal interest.
Preliminary Injunction
Issued prior to a full hearing on the merits - upon notice
Issued to a P if:
P likely to succeed on merits
P likely to suffer irreparable harm in absence of relief
Balance of equities in P's favor, and
Injunction is in the public interest
Jury Demand & Jury Verdicts
Must be served w/in 14 days after service of the last pleading directed to the issue that is to be tried by jury
Verdicts:
Verdict must be unanimous (unless parties stipulate otherwise)
Verdict must be returned by a jury of AT LEAST 6 jurors
Motion for Summary Judgment
Pretrial Motion!
Standard:
No genuine dispute as to any material fact
Movant is entitled to judgment as a matter of law
Court will construe ALL evidence in the light most favorable to the nonmoving party & resolve all doubts in favor of the nonmoving party
Alteration of/Relief of a Judgment
No later than 1 yr following judgment entry for:
1) mistake, inadvertence, surprise, or excusable neglect;
2) newly discovered evidence
3) fraud, misrepresentation or misconduct by opposing party
Aggregation of Claims
permitted for single P against single D, or multiple Ps with common/undivided interest (counterclaims generally not counted in determining whether P has met amount)
Relation Back (Claim & Party)
New Claim - relates back to date of OG pleading if amendment asserts claim/defense that arose out of same conduct, transaction, or occurrence as original pleading
New Party:
Above + new party receives notice of action w/in 90 days of OG complaint filed
D knew or should have known about action but for mistake concerning proper party's identity
Class Actions
Prereqs:
Numerosity
Common questions of law or fact
Typicality of claims by class rep, and
Adequacy of Representation
Settlement requires judicial approval*
Class Action Fairness Act
Allows class actions involving at least 100 members, w/more than $5 million at stake
Only minimal diversity required
Motion for Judgment on the Pleadings
Applies when the pleadings agree entirely on the FACTS and only the law is in dispute
- After answer is filed
*if affidavits/discovery must be considered -> go for Summary Judgment instead
Standards of Review
Review of legal rulings - de novo (no deference)
Review of a trial court's factual findings - clearly erroneous (medium-high deference)
Review of discretionary rulings (injunctions, admissibility of evidence) - abuse of discretion (high deference)
Supplemental Jdx
Courts can hear cases that constitute the same case/controversy (share common nucleus of operative facts as claim w/in court's original jdx)
Not required! Court may decline jdx
If based SOLELY on diversity jdx, courts do not have supplemental jdx over:
Claims by Ps against joined, intervening, or impleaded parties (i.e., persons made party under Rules 14, 19, 20, or 24)
Ps seeking compulsory joinder (Rule 19) or intervention (Rule 24)
*These claims must independently satisfy the complete diversity & AIC requirements.
Grounds for MTD + Omnibus Rule
1) Lack of SMJx (bring at any time)
2) Lack of personal jx
3) improper venue/division
4) insufficiency of process
5) insufficiency of service of process
6) failure to state a claim upon which relief can be granted (can be raised in any pleading,mtn for jdgmnt on pleadings, or at trial)
7) failure to join necessary party (can be raised in any pleading,mtn for jdgmnt on pleadings, or at trial)
2, 3, 5, & 5 MUST be raised in answer or pre-answer motion or otherwise be waived
Omnibus Rule: Motion raising one of these defenses but omitting others waives excluded defenses
Depositions at Trial
Discoverability does NOT equal adimissibility
Deposition of AP is admissible as an admission of party opponent
Deposition of mere witness can be used to impeach the witness
Deposition of a witness who does NOT testify can be used if the witness is: dead, beyond court's subpoena power, or otherwise unavailable (or more than 100 miles from place of trial)
JMOL
Trial/Post-trial motion (file before submission to jury)
Can renew after verdict & entry of judgment >28 days after entry
Court must:
view evidence in light most favorable to the opposing party
Disregard evidence favorable to movant that jury is not required to believe; and
not consider credibility of witnesses or evaluate weight of evidence
Standard for Grant: evidence is legally insufficient for a reasonable jury to find in nonmovant's favor
Court may:
1)allow judgment on verdict
2) order a new trial, or
3) direct entry of judgment as a matter of law
Issue Preclusion
Same issue - facts relevant to particular issue & applicable law must be identical
Actually litigated - the issue must have been actually litigated in the prior action
Final, valid judgment - first determination of issue was within authority of court & was made on the merits
Essential to judgment - issue constitutes a necessary component of the decision reached