Important rules w/ steps

Question 1

what is non-mutual DEFENSIVE IP?

Answer 1

not a party in case 1, but a D in case 2

Question 2

what is non-mutual OFFENSIVE IP?

Answer 2

not a party in case 1, but P in case 2

Question 3

what are ways that a summary judgement is granted? (2)

Answer 3

1) discovery material show no issue of material fact

2) movant is entitled to JMOL

Question 4

when can you transfer a case?

Answer 4

from one state to another within the same judicial system

Question 5

rules for interpleader (22)

Answer 5

1) Rule: stakeholder must be diverse from all claimants and same AIC
2) statutory 1335: 1 claimant needs to be diverse from one claimant, lower standard. Nationwide service (never a PJ problem) and AIC needs to exceed only $500

Question 6

what is the diversity rule for class action suits (23)

Answer 6

the rep. has to be diverse from ALL Ds. only look to rep’s claim as long as it exceeds $75,000

Question 7

Alienage jurisdiction (2)

Answer 7

1) foreign citizen cannot invoke in a suit against another foreign citizen
2) BUT it can be invoked if the suit also include a US citizen

Question 8

when can JMOL be brought?

Answer 8

after the opposing party has had an opportunity to fully be heard on the issue.

Question 9

when can mutuality be used?

Answer 9

ONLY by someone who was a party in case 1. trend is now towards non mutual collateral estoppel.

Question 10

what kind of parties are never necessary parties?

Answer 10

joint tortfeasors

Question 11

when can you remove? (3)

Answer 11

from state to federal only

1) single def. can remove if there is a separate and independent claim against her
2) only def can remove
3) must have fed Q or Div

Question 12

5 elements of issue preclusion (collateral estoppel)

Answer 12

1) case 1 ended in a final judgment on the merits
2) case 1 was actually litigated and decided
3) the issue was essential to the jgmt in case 1
4) against whom is the IP being used? (only can be used against someone who was a party in case or privity to a party in case 1)
5) by whom is the IP being used (it has to be mutual)

Question 13

2 types of interveners (24)

Answer 13

1) of right: higher burden on intervener, court has less discretion
2) permissive: generally freely granted based on court’s discretion unless in a weird fact pattern. as long as the party seeking to intervene has a claim or question that goes along with the underlying case

Question 14

3 elements for claim preclusion (res judicata)

Answer 14

1) both cases brought by the same claimant against the same D
2) case 1 must have ended in a valid final judgment on the merits (without prejudice, even default jgmt counts)
3) CASE 1 AND CASE 2 ASSERTED THE SAME CLAIM (majority: same t/o)
(minority: same issue)

Question 15

where is venue permitted? (3)

Answer 15

1) substantial part of the claim arose or substantial part of property
2) anywhere where ALL def reside
3) any jur. where D is subject to PJ (almost never applies)

Question 16

Supplemental jur (3)

Answer 16

1) is there a CNOF (no, no supp., yes move on to step 2)
2) was the def joined by P under rule 14,19,20 and 24 (is yes, no supp)
3) was the plaintiff joined under rule 19 or 24? (if yes, no supp.)

Question 17

what are some rules for removal if it’s a div. case? (3)

Answer 17

1) home state removal bar: no remove if any D are citizens of the forum in which they’re sued
2) cannot remove div. case more than a year after the case was filed in state court
3) div. must be present at time of action commenced and at time of removal.

Question 18

can defendants remove from a class action?

Answer 18

yes, as long as $5 million is met, class action met and minimal div.