Civ Pro Hot Topics

Question 1

Specific Personal Jurisdiction Requirements

Answer 1

-Minimum contacts–purposeful availment relating to COA
-Relatedness
-“Traditional notions of fair play and justice”

Question 2

General Personal Jurisdiction Requirements

Answer 2

D at home in forum => jx over D for any COA

Question 3

When can you aggregate claims to meet amount in controversy?

Answer 3

Can aggregate all of P’s claims against D

Question 4

Time limit for removal

Answer 4

30 days from filing OR 30 days from date of event that makes case removable (e.g., amendment or joinder)

Question 5

Time limit for D to answer

Answer 5

21 days from filing OR 60 days after P mails docs to D if D waives service

Question 6

Proper venue

Answer 6

-District where all Ds resided at time of filing
-District where substantial part of COA arose
-Fallback: any District that has jx over D

Question 7

Removal Procedure

Answer 7

-D must file removal docs with fed court
-Any D can file for removal
-D must serve copies of removal docs to other parties

Question 8

Test for supplemental jurisdiction

Answer 8

-Check for independent federal SMJ before supp jx
-Supp jx for claim that arises from same nucleus of operative fact as principal claim
-Supp jx cannot destroy complete diversity (all P’s must be diverse from all D’s)

Question 9

Clearly substantive areas for Erie analysis (i.e., apply state law)

Answer 9

-Statute of limitations
-Rules for tolling statutes of limitations
-Choice of law rules
-Elements of any claim or defense

Question 10

Erie tests

Answer 10

-Substantive if “outcome determinative”
-Substantive if State has greater interest in outcome
-Substantive if failing to apply state law would increase forum shopping

Question 11

Requirements for a complaint

Answer 11

-Grounds of Fed jx
-Statement of claim
-Demand for judgment

Question 12

Required disclosures

Answer 12

-Individuals likely to have info that disclosing party may use for claims/defenses, unless solely for impeachment
-Copy of docs, ESI, and things that disclosing party may use for claims/defenses, unless solely for impeachment
-Damage computation info
-Any insurance agreement under which an insurance business may be liable to satisfy all or part of a possible judgment in the action or to indemnify or reimburse for payments made to satisfy the judgment

Question 13

Standard for JMOL

Answer 13

-A party has been fully heard on an issue during a jury trial AND the court finds that a reasonable jury would not have a legally sufficient evidentiary basis to find for the party on that issue

Question 14

When can motion for JMOL be made

Answer 14

Any time before the case is submitted to the jury

Question 15

Deadline for renewed JMOL

Answer 15

28 days after entry of judgment