Federal Jurisdiction Flashcards
Pleadings
What must the complaint contain & what must be pled w/ particularity?
Statement of subject matter jurisdiction;
Short and plain statement of the claim, showing entitled to relief; and
Demand for judgment (does not limit what can be recovered except in default cases)
3 Reqs. must be met!
“Notice pleading” – pleading is sufficient if puts other side on notice.
BUT must plead facts with specificity or particularity when:
Circumstances establishing fraud
Allegations of mistake
Special damages (i.e. those which do not normally flow from an event)
Judgment
Motion for judgment as a matter of law (directed verdict).
Exceptional order, the effect of which is to take the case away from the jury.
Brought when the other side has been heard:
D can move at the close of P’s evidence and again at the close of all evidence.
P can move at the close of all evidence.
Standard for granting the motion - reasonable people could not disagree on the result – ct. will view evidence in light most favorable to nonmoving party.
Post-Trial Motions
Motion for a New Trial
Judgment entered, but judge concludes that errors at trial require a new trial.
Must move w/in 10 days after entry of the judgment.
Examples of grounds:
Prejudicial (not harmless) error at trial makes judgment unfair (wrong jury instruction, wrong evidentiary ruling)
New evidence that could not have been discovered in time for trial
Prejudicial misconduct of party or juror (e.g., juror made indpt investigation of accident scene)
Judgment is against the weight of the evidence, showing serious error of judgment by the jury.
é Note - granting new trial is less radical, since it results in starting over.
Trial
Who is entitled to a jury trial & how is the right secured?
Right to jury trial in Fed. Ct. - 7th Am. preserves it in actions at law, but not in suits at equity.
If both à jury determines fact issues underlying law claim but not equity claim.
7th Am. does not apply in state courts.
Selecting the jury - each side has unlimited strikes of potential jurors for cause (e.g., bias, related to a litigant) & has 3 preemptory strikes – must use in race/gender neutral way.
Must demand jury trial in writing no later than 10 days after service of the last pleading raising a jury-triable issue.
Judgment
Renewed Motion for Judgment as a Matter of Law (Judgment Notwithstanding the Verdict)
After jury returns verdict & ct. enters it, losing party makes renewed motion & if granted results in judgment for him.
Must move w/in 10 days after entry of the judgment.
Standard - reasonable people would not disagree on the result (i.e. jury reached a conclusion reasonable people couldn’t have reached) – ct. views evidence favorably to nonmoving party
Must have made a motion for judgment as a matter of law at the close of all evidence – if you did not you cannot enter a renewed judgment (even if D entered it at the end of P’s evidence).
Joinder of Claims
Who requires notice in a class action & what does it contain? Who is bound by a judgment?
Notice à in the Type 3 class, the court must notify (often by mail) all reasonably identifiable members, telling them various things, including:
can opt out;
binding effect of a class judgment on class members; &
can enter a separate appearance through counsel.
No notice is required in Type 1 or Type 2 classes .
All members are bound by the judgment, except those who opt out of the type 3.
Joinder of Claims
How is settlement achieved in a class action & who is bound?
Settlement in a Class Action
Requires court approval.
Court gives notice to class members to get their feedback on whether the case should be settled or dismissed.
If it’s a Type 3 class à must give members a second chance to opt out.
Joinder of Claims
What are the reqs. for a class action?
Too numerous for practicable joinder Some questions of law or fact in common to the class Rep’s claims/defenses typical of those of the class Representative will fairly & adequately represent class
And 1 of these 3 types:
Prejudice - class treatment nec. to avoid harm to class members or to opposing party (numerous claimants to a fund) Injunction or declaratory judgment (not damages) sought b/c class members were treated alike by the other party. (employment discrim.) \*\*Damages - Common questions predominate over individual questions, and class action is the superior method for resolving the dispute. (mass tort)
Joinder of Claims
SMJ in class actions & Class Action Fairness Act.
FQ Reps diverse from all Ds (class members irrelevant) & Rep’s claim is $75k+
Class Action Fairness Act – federal SMJ if:
Any class member is diverse from any D (minimal diversity) 100 class members or more Aggregate amount in controversy exceeds $5M
Shareholder derivative suits under diversity - Corp treated as a P for determining jurisdictional amount but treated as D for purposes of determining diversity
Joinder of Claims
Impleader
D joins a third-party defendant (TPD) b/c TPD might be liable to the defending party for the claim against the defending party
D has right to implead w/in 10 days after serving answer but after that need Ct. permission
Need PJ over TPB – bulge rule applies
P & TPD can assert a claims against each other if same T/O.
NEED SMJ for each claim – look to diversity, alienage, FQ, then look to SJ…
Impleader claim (D v. TPD) & claim by TPB v. P? Yes – meets the test & no limitation. Claim by Plaintiff v. TPD? Must have diversity or FQ b/c no SJ b/c limitation applies b/c it is a claim by a Plaintiff.
Joinder of Claims
Interpleader
Interpleader - one holding money or property (“stakeholder”) wants to force all potential claimants into a single lawsuit to avoid multiple litigation & the threat of inconsistent results.
Court may issue injunction stopping parties from litigating ownership question in another court.
Rule Interpleader – (1) Complete diversity - stakeholder must be diverse from every claimant, (2) $75k+, (3) regular service of process, (4) regular venue rules.
Statutory Interpleader – (1) Minimal diversity – 1 claimant must be diverse from 1 other claimant - don’t even look at the stakeholder’s citizenship, (2) AIC = $500 or more, (3) Nationwide service of process, (4) venue lies in a district where any claimant resides.
Ex – Insco (inc. in Del.; ppb NY) holds a fund of $100k under a life insurance policy. Claimants to the fund are Bonzo (NJ), Gonzo (MN), & Nonzo (NY). Insco wants to avoid being sued on the policy in 3 different actions so it should interplead. There is no rule interpleader b/c no diversity b/c Insco & Nonzo both in NY. But the requirements for statutory interpleader are all met – all the claimants are citizens of different states.
Joinder of Claims
Cross-claims
Offensive claim against a co-party - may be filed if it arises from the same T/O as the underlying action - NOT compulsory.
Ex – P (CA) sues Draper (NY) & Sterling (NY) for personal injuries for $500k arising out of a car crash. Sterling’s car was totaled in the accident & he doesn’t know who was driving between P & Draper but he wants his $200k for the car. He must file a compulsory counterclaim against P b/c same T/O & there is SMJ b/c diversity & $75k+.
He may file a cross-claim against Draper. There is no diversity over the cross-claim but there is supplemental jurisdiction b/c a cross-claim always arises from the same T/O and this is not a claim by a P so the limitation does not apply.
Joinder of Claims
Intervention
Intervention - absentee wants to join a pending suit – can choose whether to intervene as a P or D & the court can realign her if she came in on the wrong side.
Application to intervene must be timely.
Intervention of right – must show that absentee’s interests may be harmed if she is not joined & not adequately represented now
Permissive intervention - A’s claim or defense & the pending case have at least one common question – court has discretion to allow intervention
No SJ available over intervenors – must have diversity or FQ.
Joinder of Parties
What will the court do if a necessary party cannot be joined?
If joinder not feasible b/c no PJ, or joinder destroys diversity, or D has valid objection to venue Ct. must:
(1) proceed with the case w/o joining or
(2) dismiss the pending case b/c party is indispensable.
Factors to weigh in deciding to proceed or dismiss – alternative forum where everyone can be joined?, likelihood of harm in proceeding w/o party?, can ct. do smtg to shape the order in pending case to avoid such harm?
é Remember - Bulge rule applies to nec. parties
Joinder of Claims
Counterclaims by D
Offensive claim against opposing party filed with the responsive pleading (answer).
Compulsory CC - arises from same T/O as P’s claim
MUST be filed with D’s answer or else waived – cannot sue on it in separate case
Not waived if D moved to dismiss w/o answering & if granted, D can still bring action against P in separate case
Permissive Counterclaim – not from same T/O so may assert here or a separate case.
Must be SMJ over claim!! – look to diversity, alienage, FQ first - then try SJ
SJ okay for Comp. CC even if less than $75k (maybe o.k. for permissive if has loose connection w/ original claim)
