Fed procedure

Question 1

Diversity jurisdiction

Answer 1

NOT probate cases or domestic relations.

Complete diversity.

Minimal diversity ONLY for statutory interpleader, $5mil+ class actions, and interstate mass torts.

Question 2

Residence of representative parties

Answer 2

Resident of representative parties controls, EXCEPT for:

1) executor –> citizenship of estate.
2) legal representative of infant or incompetent –> citizenship of parents.
3) corporation –> state of incorporation OR “corporate nerve center”
4) unincorporated associations –> any partner’s citizenship.

Question 3

Threshold for diversity actions

Answer 3

$75k based on “good faith allegation”

EXCEPTIONS:

1) aggregation of multiple claims between 2 parties.
2) aggregation of multiple claimants over same right
3) whenever at least 1 plaintiff hits the $75k threshold, others can ride along.

Question 4

Supplemental jurisdiction

Answer 4

Cross-claims: “Common nucleus of operative fact”

Compulsory counterclaims always.

Permissive counterclaims must meet diversity requirements.

EXCEPTIONS:

1) impleaded 3p defendants
2) claims against necessary parties
3) claims by intervenors
4) claims by plaintiffs joined invoulntarily.

Question 5

Removal for fed question jurisdiction

Answer 5

“federal question apparent on the face of the complaint”

Question 6

Removal based on diversity jurisdiction

Answer 6

1) complete diversity
2) $75k+
3) no defendant is citizen of state
4) within 1 year of commencement

File notice in fed court, copy to state court.

Question 7

Due process

Answer 7

Minimum contacts + fair play and substantial justice.

Minimum contacts = “purposeful availment”

Question 8

Extentions for fed court PJ

Answer 8

1) interpleaders: nationwide service of process.

2) bulge provision: necessary parties or impleaded third’party defendant within 100 miles of courthouse.

Question 9

Special rules for service of process

Answer 9

1) infant = parent or guardian
2) incompetent = incompetent AND guardian
3) partnership = general partner, attorney, or agent.
4) corporation = director, officer, office.
5) non-resident motorist = department of motor vehicles.
6) in rem/ quasi in rem = diligent efforts.

Question 10

When to raise lack of PJ or improper venue?

Answer 10

At the first opportunity, i.e. pre-answer motion to dismiss.

Question 11

Venue is proper where:

Answer 11

1) any defendant resides
2) claims arose
3) anywhere defendant can be served.
4) for cases removed from state court, venue where state court sits.

Question 12

Consequences of transferred venue

Answer 12

If transferor had venue –> transferor law controls.

If transferor venue was improper –> transferee law controls.

Question 13

What is included under Erie?

Answer 13

1) substantive law
2) statutes of limitations
3) rules allocating burdens of proof
4) state choice of law rules.

Question 14

Notice pleading

Answer 14

“fair notice” of contention

“short and plain” statement of claim

EXCEPTIONS (must be alleged with particularlity):

1) fraud or mistake
2) special damages

Question 15

Pleadings

Answer 15

Complaint
Answer
-affirmative defenses.
-within 21 days.
Reply

Amendment as right: once within 21 days. amendment by leave “granted freely.”

Amendment relates back to time of original pleading if “same conduct, transaction, or occurence.”

Question 16

Permissive joinder

Answer 16

“arising out of same transaction or occurence” + “common question of law or fact”.

NO joinder if it destroys complete diversity.

Question 17

Compulsory joinder

Answer 17

MAY destroy complete diversity.

Question 18

Intervention

Answer 18

“common question of law or fact”

Question 19

Class actions

Answer 19

1) Numerousness
2) Common question of law or fact
3) Typicality
4) Adequacy of representation

Dismissal or settlement requires judicial approval.

Diversity jurisdiction based on named plaintiff. Minimal diversity if 100+ people and $5mil+ at stake.

Question 20

Mandatory disclosures

Answer 20

1) names and contacts of people with discoverable info.
2) expert witnesses.
3) list of witnesses and exhibits at trial.

Question 21

Discoverabiltiy

Answer 21

To get work product: need + cost.

NO access to expert witness reports unless they will be used at trial.

Question 22

Situations that can lead court to order immediate default

Answer 22

1) failure to attend desposition
2) failure to respond to interrogatories
3) failure to respond to discovery request

Question 23

Plaintiff’s right to voluntary dismissal

Answer 23

anytime before defendant serves answer.

Question 24

Judgment as a Matter of Law

Answer 24

Summary judgment after trial.

Can be renewed after jury verdict.

Question 25

Bases for new trial

Answer 25

1) error made judgment unfair
2) newly discovered evidence
3) prejudicial miscoduct
4) excessive verdict and winning party refuses to accept remitter.

Question 26

Appeal

Answer 26

only from final judgment on the merits = when entered by clerk on docket.

File notice of appeal in trial court within 30 days (tolled for renewed judgment as matter of law or new trial).

Appealability of interlocutory issues = “controlling issue of law” and “materially advance” termination of litigation.

Standards of review:

• law = de novo.
• fact = substantial evidence (jury) OR clearly erroneous (judicial).
• discretion = abuse of discretion.

Question 27

requirements of claim preclusion

Answer 27

1) final judgment on the merits
2) between same parties or successors in interests
3) involving same claim.

Question 28

requirements of issue preclusion

Answer 28

1) same issue of fact
2) actually and necessarily decided
3) party to be precluded was party to first suit.