Civil Procedure Flashcards
What is the rule for Class Actions? What are the prerequisites? (Now Cats Take Adderall)
Rule 23 - An individual or small group can represent a larger group (class) sharing a common interest in a lawsuit.
- Usually involves Ps as a class, but Ds can form a class action too
- Only representative class members must satisfy the requirements for PJ, SMJ, and venue
Rule 23 prerequisites
- Numerosity - so many claimants that joinder is impracticable (no exact threshold of class requirement, depends on the case)
- Commonality
- Typicality
- Adequacy - reps will fairly rep the class (no conflicts of interest)
Now Cats Take Adderall
What are the types of Class Actions? Which is the most common? (Desis - Predominantly Superior)
Rule 23 b 1 - anti prejudice device (uncommon) - When actions by/against class members would create risk of inconsistent decisions or impairment of class interests
Rule 23 b 2 - injunction or declamatory judgment - allows class to get an injunction or declaratory relief as primary relief sought (ex. employment discrimination)
Rule 23 b 3 - damages. Requirements:
- PREDOMINANCE - cmn qs of l/f predominate over individual qs
- SUPERIORITY - CA is superior to other procedures to resolve the dispute
Class members have opt out right and j. only binds those who don't opt out Notification required to all reasonably IDable class members of pendency of action including opt-out rights and right to appear via sep counsel
What sort of jurisdiction do you need for a CA suit?
PJ - Absent class members don't have to meet min contacts req - Satisfied by: reas and adequate notice to class members, opt out opp, and adequate rep
SMJ - Either by FQ (normal); DJx, CAFA
Specifically, what kind of SMJ do you need for a class action?
SMJ
- FQ - same as ind suit
- DJx - only all reps have to have complete diversity from all defendants, and those reps must have a claim that exceeds over 75k
CAFA - Class Action Fairness Act - Sep means of obtaining SMJ in CA
Jx exists if:
1. any class member is diverse of any opposing party, and
2. aggregated claims of the class exceed 5 mil
Doesn’t apply to
- CAs with less than 100 ppl
- SH claims against corp management
- Certain state sec law fraud claims
How is a class action certified by the court?
ct must determine at an early time whether to let the CA proceed
If class is certified, then the ct must
- Define the class, class claims/issues/defenses
- Appoint class counsel - must daily and adequately rep interests of class as a whole
Cert can be appealed via interlocutory appeal before final j on merits
What is the effect of a class action judgment and settlement
J is binding to all class members unless they opt out
Settlements between parties must be approved by ct
- must be fair, reasonable, and adequate
- ct will seek feedback from absent class members in deciding whether to approve
What is removal jurisdiction? What is the timing and procedure needed to remove?
D can remove a case filed in state court to fed if fed ct would have SMJ (think: diversity or FQ)
Rules
- only if it could be filed in fed ct
- only D can remove and all Ds must agree
- Can remove to the fed district embracing state ct in which case was orig filed
- D who files permissive counter claim in state ct WAIVES the right to remove
Timing - within 30 days of first removable doc (which is usually service of process)
Procedure - D must file signed notice explaining grounds in and all copies must be given to both parties
What are the Djx limitations on removal jur? What happens when removal is improper? (remand)
Djx limits - D can’t remove if P filed suit in D’s home state (ex. no removal if D is a citizen of the forum state); no removal more than 1 yr after it is filed in state ct
Remand - if removal is improper, then ct can remand to state ct
- Improper procedure: P can remand within 30 days
- Lack of SMJ: P can move to remand at any time
What is Venue?
PROPER VENUE IS NEEDED IN ADDITION TO SMJ AND PJ.
Venue involves the determination of the judicial districts in which P may bring suit
What are the general rules for venue?
Venue is proper if:
- In any district where any D resides (if all Ds reside in the same state in which the district is located)
- any district where a substantial part of the claim arose
- if no district in the US can satisfy above, then it is proper in any district where any D is subject to PJ
How do you determine residency for venue purposes?
People - domicile
Corp - reside in any state district in which the corp’s contacts would be sufficient to subject the corp to PJ if the district were a state (if this district does exist, then corp resides in district where there is most contacts
Noncorp businesses - resident of all districts n which it was subject to PJ when action commenced
Unincorp associations - res determined by location of association itself, not individual members, unless partnership
How can you transfer venue? What are the basis on which you can transfer venue?
A case may be transferred from one fed district to another in the interest of justice if the transferee district is one in which the case could have orig been filed
- Ex. can transfer to any district w proper venue, PJ, SMJ
- Any party may move to transfer venue
You can move to transfer venue whether it is proper or improper
How do you transfer venue if original venue was proper?
If OG venue was proper - transfer is DISCRETIONARY by the ct
- ct can transfer based on: convenience of parties/witnesses, and/or interest of justice
- ct’s discretion is based on
1. public factors - what law applies, which community should be burdened with jury service, etc.
2. private factors - convenience (ex. location of evidence, witnesses)
How do you transfer venue if original venue was improper?
ct may transfer in the interest of justice or dismiss the case
What choice of law applies after venue has been transferred?
transferee ct applies the COL rules of the oG ct, regardless of which party sought transfer
Exception - trans ct will apply its own laws if OG venue was improper
