civ pro rules Flashcards
1
Q
Personal jurisdiction- concept and traditional ways to satisfy it
A
PJ exists when the the forum has power over a particular defendant.
Traditional bases of jurisdiction:
1) D Domiciled in forum state
2) D registered to do business in the state and has appointed an agent for service of process
3) D consents OR
4) D is present* in forum (but not b/c of fraud/force)
2
Q
Factors as part of minimum contacts analysis if no traditional basis of PJ*
A
contacts
relatedness
fairness
3
Q
do frequent purchases and sales in a jurisdiction provide general jurisdiction?
A
unsettled but it seems you need some physical presence. 2011 Goodyear case stated regularly selling in a state not enough
essentially at home = place of business, person’s domicile, state of incorporation
-poss regional headquarters or major prod. facilities but unsure
4
Q
examples of personal availment
A
- contracts- esp if provide the forum state’s law governs or acknowledge that things will regularly be sent to the forum state
- intentional targeting- ex: putting an item in stream of commerce + ev of intent for it to go to forum (modifying the product to comply w/ law, office in forum)
- poss. knowledge and hope it will reach the state (discuss other contacts, fairness, etc)
5
Q
subject matter jurisdiction
subject matter jurisdiction
A
whether the court can decide the issue.
State court has unlimited jurisdiction.
In federal court, a case must have:
1) diversity jurisdiction
2) federal question jurisdiction
6
Q
how do you determine citizenship of different types of parties?
A
- individual: place of domicile.
- *domicile= presence + intent to remain (paying in-state tuition, registering to vote)
- co: principal place of business, where incorporated
- minors, decedents, incompetents: look to THEIR citizenship not the representative’s
- partnership, LLC: citizenship of the members
7
Q
injunctions/ joint liability: determining whether amount in controversy met
A
injunction- decrease in value of property/ right or cost of D’s compliance with an injunction
P has claim based on joint liability- look to total value of claim (courts see it as 1 claim)
8
Q
adding claims- counterclaims
A
court must have subject matter jurisdiction.
check for DJ or FQJ first but the court will have supplemental jurisdiction over counterclaims and cross claims as long as they arise out of same t/o
9
Q
adding claims- supplemental jurisdiction in federal question
A
if P brings a federal question claim, and joins a state law claim, must arise out of same nucleus of operative fact and claims usually would be tried together.
*court has discretion to allow the claim
10
Q
removing from state to federal court*
A
Can remove any case that could have originally been brought in federal court (fed court must have SMJ and PJ over D).
D files a notice of removal stating the grounds for removal in fed court. D must also file a copy in state court and serves it on all parties to the state court case.
May remove to the fed court encompassing the territory of the state court (even if venue improper in that court). Only D may remove.
11
Q
objecting to venue*
- transfer
- forum non conveniens
A
if proper- may properly transfer to any district where the action might have been brought, or to which all parties have consented.
- test: convenience to the parties, interest of justice.
factors: public & private
i) public = which district should be burdened w/ jury service, keeping local controversy local, what law applies
ii) private= convenience to witnesses, where ev is.
if improper- transfer if in interest of justice, or dismiss (requires extraordinary circumstances)
MUST STATE IN ANSWER OR 12b6 or waived!!
FNC
- dismiss or stay an action if the court thinks, in the interest of justice, it should be heard in another foreign judicial system or federal district where it originally could be brought.
- same public private factors as venue, but stronger showing
Must have chance of adequate remedy
12
Q
which district does case belong in?–fed ct. venue*
A
i) if all D’s residents of forum state, any county where any D resides
ii) where a substantial part of the claim arose, or where substantial part of property at issue is
iii) if no district in the US meets i or ii, then wherever there’s pers jurisdiction over any D
13
Q
methods of serving process*
A
Methods of serving
1) personal service- anywhere
2) substituted service- at D’s usual abode to someone of suitable age and discretion who lives there
3) D’s agent- if taking process in scope of agency
4) methods permitted by state law and reasonably calculated to give notice
14
Q
what law should the federal court apply?*
A
-Erie doctrine: federal court in diversity of citizenship case must apply the substantive law of the state in which it sits & fed procedural law
fed law on point? (i.e. does it address the issue)
yes- fed law applies
no- determine if procedural or substantive
(outcome determinative, avoid forum shopping by making fed ct more appealing, balance of interests of fed and state systems in having their rule apply)
15
Q
how is an action commenced?
A
by filing the complaint
16
Q
D’s response to the complaint and deadlines*
A
To avoid default judgment–
- 12(b) response within 21 days of service
(i) lack of personal jurisdiction
(ii) lack of subj matter jurisdiction
(iii) lack of venue
(iv) insufficient process
(v) insufficient service
(vi) failure to state a claim
(vii) failure to join a necessary party - answer (21 days after served, or 14 after 12b denied)
(i) admit P’s allegations
(ii) deny
(iii) say you lack sufficient knowledge or information - *responses that do not clearly say “deny” are treated as admissions**
17
Q
what things are waived if not objected to in 1st 12b motion or answer?*
A
personal jurisdiction
venue
improper service of process
improper process
SMJ is never waived, can raise on appeal
18
Q
D’s claims and defenses against P
A
- raise affirmative defenses in answer
- plead counterclaims in answer (SOL, SOF)
- compulsory must raise in this suit
19
Q
compulsory v. permissive counterclaims*
A
compulsory: arises out of same transaction or occurrence as P’s claim
permissive: counterclaim not arising out of same transaction or occurrence
counterclaims need SMJ- fed Q, diversity, or supp
- compulsory will have b/c same T/O = supp jur*
- permissive- need diversity, fed Q, or supp jur
- even if P and D are of same state, or less than $75k, it’s ok b/c it’s D asserting the claim
20
Q
cross claim
A
a claim against a coparty (D1 v. D2)
never mandatory always permissive
21
Q
is a court required to exercise supplemental jurisdiction over a claim?*
A
no the federal court has discretion. common grounds for refusal are:
- federal claim dismissed early ***
- state law claim complex
- state law issues would predominate
22
Q
Rule 11*
docs that must comply with Rule 11
A
pleadings = complaint, 12b, answer, motion to strike, motion for more definite statement
attorney must sign all pleadings certifying, to the best of his/her knowledge and belief, after reas. inquiry:
- not for improper purpose
- legal contentions are warranted by law
- factual contentions and denials have evidentiary support, or likely to after further investigation
must sign at submission, and each time presented is a new certification
23
Q
improper pleadings- raising an opponent’s rule 11 violation*
A
serve a motion on the other party
other party has 21 days to correct the violation
if party does not, sanctions available
court may do so sua sponte, no 21 day notice!
24
Q
correcting an error in a pleading or adding defendants or claims– amendment and relation back doctrine*
A
-right to amend once:
P- 21 days of D’s first 12b response
D- 21 days of serving an answer
-beyond that time, or after the one time used:
court may grant leave to amend if justice requires
other party may give written consent
if SOL has run- to add a D b/c wrong D named:
a) same transaction or occurrence
b) party knew of the case within 120 days of filing
c) party knew that but for mistake he should have been named
a, b, and c met- relates back to date of original pleading and SOL doesn’t bar
ex: service on right agent, but P didn’t know co’s name
to add a claim
-must be from same conduct, transaction or occurrence as original pleading to relate back
25
waiver of service of process*
P must serve written request to waive + complaint
D must send back w/in 30 days
if he waives formal service, gets 60 days to answer
D doesn't have to waive, but he will be liable for cost of service unless he has good cause for not waiving
26
discovery- initial disclosures to other side*
- 14 days of 26f conference is deadline. BOTH parties must disclose:
-docs, electronic info in possession, custody or control that party will use to support claims/def.
-list of persons likely to have discoverable info that the opposing party may use to support claim/def.
-insurance policies that may cover the judgment
27
discovery- documents to send to parties
```
deposition
interrogatories (rogs, remember prerogative)
request to produce
examination (e for enemy)
request for admission
```
28
discovery- documents that can send to non parties
deposition + subpoena
| request to produce + subpoena
29
interrogatories
must respond with answer/objection within 30 days
30
examination
court order: must show good cause AND that the party's health or condition is in controversy (personal injury case)
31
if you respond to discovery and things change
must timely supplement if you learn information was incomplete or incorrect
32
privileges
work product privilege- material prepared in anticipation of litigation (language saying "fearing the suit") is protected from discovery
**prepared by a party or rep of a party
attorney/client and other evidentiary privilege
33
inadvertent disclosure of privileged material
other party must return to the other side
34
if a party fails to respond, or doesn't completely respond--enforcement rules
```
partial violation (incomplete)- move to compel, state good faith effort to obtain.
*court's order will order party to answer unanswered questions
```
total violation/ fail to respond to order- sanctions
i) order the matters to be treated as admitted
ii) disallow disobedient party's evidence to support claims or defenses
iii) strike pleadings, stay or dismiss the action
iv) default judgment
* staying, dismissing, default require bad faith
can hold in contempt if court order violated
35
joining parties- compulsory*
1) is the absent party necessary? 2) can he be joined? 3) how court can proceed if not
a necessary party is:
a) a person who, if they are not joined, is necessary for the court to provide complete relief to the parties, or
b) person whose interest may be harmed if not joined, or**
c) person who claims an interest that subjects a party to multiple obligations
2) personal and subject matter jurisdiction over absentee?
3) if a necessary party can't be joined, court must either dismiss the case or proceed w/o him
a) alternative forum for P to sue in
b) prejudice to the absentee or the parties
c) whether prejudice can be avoided by shaping the relief
36
once the action is started, what are the ways to join a party?
1) permissive/compulsory joinder
2) impleader
3) interpleader
4) intervention
37
class action lawsuits*
demonstrate 4 factors
- numerosity- too many class members to join
- commonality- at least one common question of law or fact to all members
- typicality-rep's claims/defenses typical of class members
- representative is adequate- fair & adequate rep
AND demonstrate it is 1 of 3 types
1) prejudice- necessary to avoid harm either to class members or party opposing class (common fund)
2) injunction sought because class was treated alike by the other party (commonly discrimination)
3) damages- common questions predominate over individual questions; class action is best way to adjudicate the dispute (mass tort, common carrier crash)
38
court determining if class action appropriate- certifying a class
- interest of individual control
- extent and nature of cases elsewhere
- desirability of having one case w/ all parties
- difficulties in management
if certifies: must appoint class counsel, and define class claims, issues, defenses
39
when is notice required at the outset in a class action? what does it need to say?*
only where common questions predominate and class action is best way to address (discretion in injunction, not where necessary to avoid prejudice)
class members can opt out
class members will be bound by judgment
class members can appear separately in the class action case thru counsel
40
when is notice required in class actions generally?
settlement or dismissal of class action
the court must approve both so the notice is to get the members' feedback
41
addressing jurisdiction in a class action*
- federal question- right arising under fed law
- diversity of citizenship-look to rep's citizenship vs. D's citizenship, and amt of rep's claim
statutory: 100 class members + $5 mil aggregated claims; any class member diverse from D even if the rep is not
42
ways a defendant can seek to prevent plaintiff from getting to trial
1) 12b failure to state a claim- initial response stage. court looks only to the facts plead and asks if P would get judgment if true
2) judgment on the pleadings- same standard as above
3) motion for summary judgment (if as to all claims)
30 days after close of discovery
4) involuntary dismissal - against P for not complying with fed rules
43
in MSJ what does court consider?
evidence. affidavits or declarations.
generally NOT pleadings unless:
-under oath
-D didn't deny P's allegation
44
pretrial conference
final one determines issues to be tried and evidence to be presented. recorded in pretrial conference order. can't bring in if not in this doc
45
choosing a jury
- no limit on strikes for cause (bias of juror, prejudice, relationship to a party)
- peremptory- only 3.
* *must be race and gender neutral b/c state action
46
trying to keep case from jury at trial
JMOL- takes the case away from the jury. must wait until the other side is heard.
47
post-trial motions*
1) RJMOL
2) new trial
3) appeals- 30 days of final judgment
48
right to appeal*
generally: must be a final judgment - dispose of whole case on merits. means the court must dispose of all causes of action and all the parties.
must appeal w/in 30 days
interlocutory appeal ok if :
- injunction denied/granted/modified but NOT a TRO
- property possession affected
- grant or denial for class action (14 days)
49
who is entitled to raise the defense of collateral estoppel (issue preclusion)?
-traditionally: only someone who was a party to the first case could use collateral estoppel to avoid having to relitigate an issue in a later case (mutuality)
- now, nonmutual issue preclusion can be raised by someone who was not a party to the earlier case
50
remand
a court must remand when the court finds there was no subject matter jurisdiction in federal court
51
res judicata (claim preclusion)*
A claimant cannot assert the same cause of action against the same defendant if a court has issued a valid final judgment on the merits on that cause of action.
1) valid final judgment
a) valid = not void (ex: lack of SMJ)
b) final judgment = disposes of entire case on the merits
2) on the merits: generally met as long as judgment is not from involuntary dismissal based solely on venue, PJ, joinder or service issues. on the merits includes default.
3) same parties: must be same parties from first and second suit, and in same configuration
4) same cause of action: COA in 1st and 2nd suit must be the same
a) COA= all claims arising out of same transaction or occurrence
5) cause of action must have been actually litigated or could have been litigated
note: if an installment is due at the time of initial lawsuit and party forgets to sue on it, it's precluded. installments that become due later can be sued on later.
52
TRO- requirements to seek one*
order to do or not do something until an injunction or judgment is issued.
immediate and irreparable injury if notice is required
14 day length (w/ one 14 day extension)
53
default judgment by clerk*
-D must not have appeared
-P's complaint must have been for money damages
-the damages in the judgment must be less than or equal to the damages sought in the complaint
54
what does a complaint need to include? *
- complaint needs to state
- i) SMJ;
- ii) short and plain statement of claim- facts supporting plausible claim*;
*- iii) demand for relief*
* particularity for fraud, mistake, special damages
* demand for relief must include damages if sought.
55
limitation on removal*
must file within 30 days of service of the complaint or other pleading or paper showing that the case is now removal.
if DIVERSITY case
1) no removal to fed court if ANY D is a citizen of the forum
2) no removal more than 1 yr after filed in state court.
3) all D's must consent if multiple D's
56
permissive joinder
People who aren't necessary parties can join if their claims or claims against them would
1) arise from same transaction or occurrence
2) raise at least 1 common question
OR meet fed Q or diversity jurisdiction
57
what law applies after transfer?*
If venue was proper, the law of the transferor court applies (Even on choice of law rules)
If venue was improper, the law of the transferee court applies (even on choice of law rules)
58
who does a judgment bind?
The parties and parties in privity with them (beneficiaries, successors in interest)
59
amending complaints to conform to evidence
can be done at trial, after trial, or after judgment. can be done to raise new issues for trial as long as the other party will not be prejudiced by lack of time to prepare for trial on that issue.
60
forum selection clause and venue*
court will enforce a forum selection clause specifying the venue as long as they are not unreasonable.
even if the original venue was proper, the court must apply the rules of the forum stated in the FSC.
61
showing required for an injunction*
* irreparable harm- party seeking will suffer irreparable harm if the injunction is not issued pending trial on the issue
* balance of hardships weigh in favor of the party seeking the injunction (harm from not getting the injunction outweighs harm to the other side)
* party seeking injunction is likely to be successful on the merits
notice and hearing is required
62
notice for default judgment*
if D has answered or otherwise appeared, he must have 7 days notice and must be a hearing on the application for default judgment.
not required if judgment can be entered by the clerk.
63
motion for summary judgment showing and timing*
no genuine dispute of material fact + moving party is entitled to judgment as a matter of law
must be supported by affidavits, depos, discovery responses containing statements that would be admissible in evidence (personal knowledge, hearsay, etc)
court reviews evidence in a manner most favorable to the non moving party, without considering credibility of witnesses.
File within 30 days after close of discovery.
64
Judgment as Matter of Law*
Viewing all of the evidence in the light most favorable to the nonmoving party, no reasonable jury could find in favor of the nonmoving party on a legally sufficient basis.
Must file before submission of case to jury
Must wait until the other party has been fully heard to grant
65
limit on number of depos and rogs
10 depos
25 interrogatories (questions, not sets)
66
Where does a substantial part of the claim arise in a contract case? Tort case?*
Arises where k is formed and performed for contracts
Arises where product manufactured/ tort committed and where p injured for torts
67
Relation back*
Claims added after SOL relate back to time of filing of original complaint if arise from same t/o
note that if the amendment is after the time when P can amend as of right, d can challenge by showing:
- undue delay by p
-that allowing the amendment would be futile, or
- prejudice to d
68
Discovery scope
discovery may be had of “any nonprivileged matter that is relevant to any party’s claim or defense” and proportional to the needs of the case
Proportionality is judged based on:
-the importance of the issue discovery relates to
- the amount in controversy
- the parties’ relative access to information
-the parties’ resources
-the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefits.
69
Timing of Initial disclosure of document and info a party may use to support claims and defenses
14 days after 26f conference
70
Residence for venue purposes*
For a person- where the person is domiciled
corporations- principal place of business, state of incorporation
71
personal jurisdiction if none of the traditional bases apply*
MUST satisfy BOTH
a. Long Arm Statute (juris meets Constl limits; or limited to certain acts in state)
b. Constitution (Due process).
TEST: D must have such Minimum Contacts with the forum so that exercise of jurisdiction does not offend traditional notions of fair play and substantial justice.
72
can a defendant who is present in the state for an unrelated lawsuit be served with process?
no, the FRCP makes people who are in the state only for an unrelated lawsuit immune from service
73
what is included in the amount in controversy?*
damages
punitive damages
if allowed by contract or statute, attorneys fees
of the above, whatever P claims in good faith counts.
74
if a plaintiff wants to join with a claim that doesn't meet the amount in controversy, can she be joined?*
yes, using supplemental jurisdiction as long as 1) her claim arises from the same nucleus of operative fact as the first plaintiff and 2) she does not destroy complete diversity. she can't be of the same state as any defendant.
75
interpleader- definition and types
person holding property forces all claimants into a suit to avoid multiple lawsuits
FRCP- requires complete diversity between stakeholder and all people claiming the fund + 75k at issue, or FQ
Statutory allows diversity between 2 claimants and $500 at issue
76
pre trial disclosures
- 90 days pre trial- experts expect to use at trial. must provide their report, how much they were paid, their qualifications.
- 30 days before trial- evidence used: docs and witnesses to be used
77
how to overcome work product claim to allow discovery
to overcome- opposing party must show: a) substantial need and b) that it would avoid undue hardship in obtaining in a different way
main example- a statement from dead witness
BUT court must take steps to avoid disclosure of attorney mental impressions, opinions, conclusions which are not discoverable
attorney/client, doctor/patient, etc.
78
what kind of work product is absolutely privileged?
attorney mental impressions, opinions, conclusions, legal theories
79
ways plaintiff can try to prevail without a jury trial
1) motion for summary judgment
2) D's default- P may get judgment if D never appeared at all, claim is for $
* D may set aside default for good cause (excusable neglect)
80
dismissal by plaintiff
voluntary dismissal
a) before D's answer it is without prejudice (may refile later) by filing notice
b) after D's answer it is by court discretion
81
RJMOL*
motion that is made after trial. party must have moved for JMOL on the same ground, judge must have denied it, and jury must have returned a verdict against a party.
timing: must be 28 days after judgment
82
motion for new trial*
28 days after judgment
grounds for the motion:
i) prejudicial error at trial (bad jury instruct, necessary ev not admitted)
ii) new evidence that couldn't be obtained with due diligence
iii) prejudicial misconduct by a party or juror- for a juror, false testimony on voir dire or concealed material facts relating to his qualifications to serve
iv) judgment against weight of evidence (serious error of jury judgment);
v) damages excessive or inadequate
if reason is inadequate evidence, you can't raise the issue on appeal
83
remedies for judgments that are too high or too low
additur- court asks defendant to choose between new trial or adding to the judgment. NOT allowed in fed court
remittur- court asks defendant to choose between new trial or reducing the judgment
84
diversity jurisdiction*
the amount in controversy must exceed $75k AND be b/w citizens of 2 diff states / US citizen and foreign citizen
*to meet 75k, 1 P can aggregate 2 claims against the same defendant
85
diversity jurisdiction issue when more than 2 parties*
no jurisdiction if ANY P is of same state as any D at time of filing
new parties cannot be brought in if they would make it so that any plaintiff is a citizen of the same state as any defendant
86
federal question jurisdiction*
a claim enforcing a right or interest founded substantially on federal law (constitution, statute).
* P's claim basically has to arise under it or statute has to give him rights
87
when can clams be aggregated?*
1 plaintiff can aggregate her claims against a single defendant
2 plaintiffs cannot aggregate their claims against the same defendant
88
defensive issue preclusion*
defendant in case 2 who was not a party to case 1 can use earlier finding from case 1 to AVOID LIABILITY (ex: P contrib neg) if
i) valid, final judgment on the merits
ii) same issue litigated and determined in case 1
iii) issue essential to judgment in case1- judgment must have depended on that issue and must be clear how jury found on that issue
iv) issue preclusion asserted AGAINST someone party to case 1
v) issue preclusion asserted BY someone who was NOT a party to case 1 and party the finding is asserted against had a full chance to litigate the issue in case 1.
*default judgment means not actually litigated
89
offensive issue preclusion*
P (new party) wants to assert an earlier finding as to the defendant (party in prior case). must show it is fair to use issue preclusion based on showing of some of the following factors. **courts are less likely to allow than defensive.**
i) D had full and fair opp to litigate
ii) D had a strong incentive to fully litigate the issue
iii) D could foresee multiple suits
iv) party raising the issue that was litigated in case 1 couldn't easily join in case 1
v) no inconsistent judgments on record (D sometimes wins on the issue and sometimes loses)
90
who can use issue preclusion against someone else?*
a party or someone in privity with a party to case 1
except in cases of offensive issue preclusion, which are not viewed favorably by courts
91
who can raise issue preclusion?*
a party or someone in privity with a party to case 1
except in cases of defensive issue preclusion (vicarious liability, for example, where employee was already found not negligent in case 1)
92
impleader
impleader is when a party brings in a third party to shift some or all of the liability on to the third party. claims for indemnity or contribution usually.
have a right to implead within 14 days of answer or get court leave thereafter. usually defendant. usually there is SMJ but evaluate.
93
intervention
An absentee has a right to join a pending suit if:
i) her interest is not adequately represented;
ii) deciding the case without her will harm her interest;
iii) if diversity, no supp jur so must independently meet diversity req
b) absentee may intervene if at least one common question of fact or law
must NOT destroy complete diversity
94
review of interlocutory orders in cases with multiple parties or multiple claims*
appellate review of one claim is allowed if the judge directs entry of a final judgment as to one or more claims or parties and makes an express finding that there is no just reason for delay
95
Interlocutory Appeals Act*
appeals court may in its discretion consider an appeal of an interlocutory order if:
trial judge certifies that
1) the interlocutory order involves a controlling question of law and
2) there is substantial ground for difference of opinion
96
jury trial- deadline to demand*
14 days after service of the last pleading addressing a jury triable issue, which is usually the defendant's answer
97
right to jury trial*
7th amendment only applies in fed cases
only applies to claims at law (not equity)- i.e. only to claims for money damages
98
who will be the trier of fact?
if a jury trial is demanded and it is a claim at law, the jury will decide it
if a jury trial is not demanded or the claim is one of equity, the judge will decide it
if the same fact is at issue in both legal and equitable claims, the jury will decide it & judge will use jury's finding for the equity claims
99
requirement for successful jury verdict in federal court
must be unanimous unless otherwise agreed
100
appeal standards of review*
questions of law- de novo
if challenge to jury verdict- whether reasonable jury could make same verdict
if challenge to judge's use of discretion- abuse of discretion
101
civ pro approach mnemonic
Plaintiff Showed Vile People Just Make The Jury Awards Punitive
Personal jurisdiction
Subject Matter jurisdiction
Venue
Pleadings
Joinder
Motions
Trial
Judgments
Appeals
Preclusion
102
is granting an MSJ an appealable order?
yes if it disposes of the entire case on the merits
103
is denying an MSJ an appealable order?
no, because it has not disposed of the case on the merits, the issues must be tried after MSJ denied
104
is granting a new trial appealable?
no because the court still must hear the case on the merits again
105
are TRO's appealable?*
No, unless they extend beyond 28 days and become a preliminary injunction
106
collateral orders
an order that is collateral to the merits
that involves an important legal question
issue would be unreviewable if the parties waited. this is discretionary for appeals court
state immunity from suit is good example**
107
ways to seek review of a court order that is not a final judgment
interlocutory appeals act
collateral order
multiple claims/parties rule
injunction rule
class action rule
108
how many times can a plaintiff dismiss a complaint on the same cause of action without prejudice?
only once
109
are impleader claims compulsory?
no, they can be brought in another action
110
class action fairness act
at least 100 members in the class
any class member (need not be the rep) is diverse from any defendant
aggregated claims are $5 million
111
what issues are substantive for Erie purposes?*
choice of law
statutes of limitation
statute of limitation tolling
elements of a claim or defense
112
steps in Erie analysis*
1 is there a valid federal law on point that conflicts with state law? if YES apply the fed law based on supremacy clause
2 if no fed law on point, is the issue substantive? if YES apply state law
113
proper venue*
where all defendants reside
where any defendant resides if the D's all live in the same state
where a substantial part of the claim arose
where substantial part of the property involved is located
114
if a state would not enforce a forum selection clause and the case is in federal court, does the FRCP or state law apply?*
The FRCP applies because federal law governs transfer (procedural issue)
115
when can an original plaintiff use supplemental jurisdiction?*
when the case is in court under federal question and plaintiff wants to add a claim arising out of the same transaction or occurrence.
there is no need in diversity because the plaintiff can aggregate unrelated claims against one defendant
116
what relief is available for default judgments?*
defendant can have it set aside if they show good cause
117
deadlines for remand
if the reason for remand is improper procedures followed for removal, like filing for removal late, within 30 days of removal
if the reason for remand is lack of SMJ, at any time
118
if a case is in court under diversity, does there need to be diversity jurisdiction over an impleader claim?*
no, supplemental jurisdiction is applied. these claims meet the common nucleus of operative fact requirement
