Complex Civil Litigation Flashcards
Q. Which of the following, if any, is true:
A. A plaintiff can remove a case from state court.
B. Unanimity is not required, so a case may be removed by one defendant even if another defendant objects to removal.
C. Removal must occur within 20 days of the date of receipt of service or complaint/pleading asserting claim.
A. FALSE
B. FALSE
C. FALSE 30 days
Q. Assuming personal jurisdiction is proper, in which of the following cases, would removal be appropriate?
A. Pa resident brings diversity action against a NJ resident and NY resident in NJ state court. B. NJ resident brings diversity action against a PA resident and NY resident in NJ state court. B. Pa resident brings diversity action against a NY resident and DE resident in NJ state court. Only DE resident wants to remove.
A. No
B. Yes
C. No
Q. True or false. If a party is necessary, the party should be joined in the action?
True
Q. If a party is necessary and can’t be joined, the action must be dismissed. True or False.
False. you have to do the 19(b) analysis and decide whether in equity and good conscience the action should proceed.
Q. If a non-party is not necessary, under Rule 19, you cannot proceed with the litigation. True or False.
False, If a party is not necessary, you DO proceed with the action.
Q. A state cannot waive its state sovereign immunity under the Eleventh Amendment. True or False.
False
Q. A state can be sued as long as the relief is only prospective injunctive relief and non-monetary. True or False.
False
Q. Congress can abrogate a State’s sovereign immunity by enacting an unequivocal statute that gives a plaintiff the right to sue the State in federal court. True or False.
Trues
Q. In a prospective injunctive suit against a State Attorney General to enjoin him from enforcing an unconstitutional State statute, assuming that there are no monetary requests for damages, it is proper for the plaintiff to bring in supplemental or pendent state law claims. True or False?
False
Q. A court can decline supplemental claims in a federal question or diversity case if the court determines that the claim is a novel or complex question of State law or the State law claims predominate. True or False.
true
Q. If a non-party is properly joined under Rule 19 or 20, 28 USC 1367 does not prohibit a plaintiff from filing a claim against such joined party. True or False.
True
Q. If a case arises out of the same case or controversy, the fact that one of the supplemental claims doesn’t satisfy the amount in controversy is irrelevant but the diversity of the parties will be relevant. True or False.
True
Q. Exxon changed the long-established rule that, when none of the plaintiff’s individual claims meet the requisite amount in controversy ($75k+), you cannot aggregate multiple plaintiff claims to try and satisfy this original jurisdictional requirement.
False. Only exceptions are CAFA claims and if you have a common and undivided claim that would meet the amount.
Q. Exxon did not change the long-established rule of complete diversity between all plaintiffs and all defendants before original jurisdiction will exist under 1332.
True
Which of the following is the most likely case for there to be joinder?
Case involving age discrimination and a case involving an American disability discrimination.
Case involving discrimination for failure to hire, and a case involving a failure to promote.
Case involving public interest litigation.
Case involving public interest litigation.
Can you consolidate the following cases: a case filed in the E.D.N.Y. and the S.D.N.Y.?
No, must get in same district court first.
Absent other circumstances, which of the following cases that involves the same claims and parties would be stayed in favor of the other suit?
A suit filed April 1, 2007 in the E.D. Pa.
A suit filed January 1, 2007 in the S.D. N.Y.
A suit filed April 1, 2007 in the E.D. Pa.
First Filed Rule
A consolidated action merges the two cases into a single cause of action. True or False.
False
Q. To join two parties under R. 20, there must be both common q. of law and a common q. of fact? True or False.
False. It is “or”.
Which of the following arguments, would a plaintiff argue to support joinder? (Can be more than one) Promote efficiency Confusion to jury Avoid duplicative discovery Avoid inconsistent results
Promote efficiency
Avoid duplicative discovery
Avoid inconsistent results
What motion would you file in the forum in which you do want to litigate? Injunction Stay Transfer Dismiss
Injunction
Which of the following is not an exception to the first filed rule? Notice of suit Policy to encourage settlement Forum shopping Jury confusion How close in time 2 suits are filed Judicial economy Balance of convenience Customer Suit
Jury confusion
The rule “plaintiff’s choice of forum will not be lightly disturbed, particularly if plaintiff resides in the forum” would apply to which motions?
Motion to transfer
Motion to dismiss for FNC
Motion to dismiss for lack of indispensable party
Motion to transfer
Motion to dismiss for FNC
If a case is transferred and jurisdiction and venue were proper in first court, the transferee court (the one that receives the transferred case) will apply choice of law rules of transferor court. True or false.
True
Congress can authorize a federal court to enjoin a State court action. True or False.
True (Anti-Injunction Act)
Which abstention challenges an unsettled question of state law on constitutional grounds? Pullman Burford Younger Colo River
Pullman
Which abstention requires a pending state action in order for the federal court to enjoin on constitutional grounds some issue arising in the State matter?
Pullman
Burford
Younger
Colo River
Younger
Which abstention applies to a heavily regulated area of state law? Pullman Burford Younger Colo River
Burford
Which abstention is a diversity case that has a parallel state action? Pullman Burford Younger Colo River
Colo River
What are three elements of Justiciability
Standing •Mootness •Ripeness
What are the elements for Standing:
Injury
causation
Redressability
Personal Jurisdiction 5 methods:
Waiver or voluntary personal service in the state consent domicile minimum contacts
What is Impleader:
bring in a third party who is or may be liable to that party.
General Rules for Duplicative Litigation / in a court deciding whether to retain jurisdiction what are the three general rules?
- Plantiff’s choice of forum is entitled to great deference and is to be lightly disturbed.
- First-filed is given priority.
- Federal courts have a virtually unflagging obligation to exercise jurisdiction over cases that are properly before them
What are 23(a) factors
numerosity (class) commonality (class) typicality focused on (plantiff) representivness focused (plantiff)
Ruler 23(b) Type of Class (more than one ok)
(1) (A)Inconsistent obligations
(1) (B) Limited Funds
(2) Injunctions/Declaratory Relief
(3) Money Damages
You can opt out of b 1 and b2
Three kinds of JURISDICTION
- Personal
- Subject matter
- Supplemental jurisdiction
What is the difference between Res Judicata and Collateral Estoppel.
RJ is about claim preclusion and CE is about issues preclusion.
