Civil Procedure Outline PDF

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Part I: The Constitutional Framework for U.S. Litigation A. APPROACHING CIVIL PROCEDURE B. CONSTITUTIONAL LIMITS IN LITIGATION 1. The Idea of Jurisdiction 2. Jurisdiction and the Constitution 3. The Constitution and Choice of Law Chapter 1: An Overview of Procedure A. THE IDEA AND THE PRACTICE OF PROCEDURE 1. Locating Procedure 2. Clients, Lawyers, Procedure, and Strategy B. WHERE CAN THE SUIT BE BROUGHT? 1. Personal Jurisdiction 2. Subject Matter Jurisdiction Hawkins v. Masters Farms, Inc. 3. Service of Process C. STATING THE CASE 1. The Lawyer’s Responsibility Bridges v. Diesel Service, Inc. 2. The Complaint Bell v. Novick Transfer Co. 3. The Response—Motions and Answer 4. Amendment of Pleadings D. PARTIES TO THE LAWSUIT Fisher v. Ciba Specialty Chemicals Corp. E. FACTUAL DEVELOPMENT—DISCOVERY Gordon v. T.G.R. Logistics, Inc. F. PRETRIAL DISPOSITION—SUMMARY JUDGMENT Houchens v. American Home Assurance Co. G. TRIAL Norton v. Snapper Power Equipment H. FORMER ADJUDICATION Ison v. Thomas I. APPEALS Reise v. Board of Regents of the University of Wisconsin Chapter 2: Personal Jurisdiction A. THE ORIGINS Pennoyer v. Nef B. THE MODERN CONSTITUTIONAL FORMULATION OF POWER International Shoe Co. v. Washington McGee v. International Life Insurance Co. Hanson v. Denckla 2. Absorbing In Rem Jurisdiction Shafer v. Heitner 3. Specific Jurisdiction: The Modern Cases World-Wide Volkswagen Corp. v. Woodson J. McIntyre Machinery, Ltd. v. Nicastro Abdouch v. Lopez 4. General Jurisdiction Goodyear Dunlop Tires Operations, S.A. v. Brown Daimler AG v. Bauman Bristol-Myers Squibb Co. v. Superior Court Burnham v. Superior Court C. CONSENT AS A SUBSTITUTE FOR POWER Carnival Cruise Lines, Inc. v. Shute D. NOTICE 1. The Constitutional Requirements Mullane v. Central Hanover Bank & Trust Co. 2. Beyond the Constitutional Requirements: The Mechanics of Notice and Service E. SELF-IMPOSED RESTRAINTS ON JURISDICTIONAL POWER: LONG-ARM STATUTES, VENUE, AND DISCRETIONARY REFUSAL OF JURISDICTION 1. Long-Arm Statutes as a Restraint on Jurisdiction Gibbons v. Brown 2. Venue as a Further Localizing Principle Thompson v. Greyhound Lines, Inc. 3. Declining Jurisdiction: Transfer and Forum Non Conveniens Piper Aircraft v. Reyno Atlantic Marine Construction Co. v. United States District Court Chapter 3: Subject Matter Jurisdiction of the Federal Courts A. THE IDEA AND THE STRUCTURE OF SUBJECT MATTER JURISDICTION B. FEDERAL QUESTION JURISDICTION Louisville & Nashville Railroad v. Mottley C. DIVERSITY JURISDICTION Redner v. Sanders Hertz Corp. v. Friend D. SUPPLEMENTAL JURISDICTION In re Ameriquest Mortgage Co. Mortgage Lending Practices Litigation Szendrey-Ramos v. First Bancorp E. REMOVAL Caterpillar, Inc. v. Lewis

Chapter 4: State Law in Federal Courts: Erie and Its Entailments A. STATE COURTS AS LAWMAKERS IN A FEDERAL SYSTEM 1. The Issue in Historical Context 2. Constitutionalizing the Issue Erie Railroad v. Tompkins B. THE LIMITS OF STATE POWER IN FEDERAL COURTS 1. Interpreting the Constitutional Command of Erie Guaranty Trust Co. v. York Byrd v. Blue Ridge Rural Electric Cooperative 2. De-constitutionalizing Erie Hanna v. Plumer 3. Determining the Scope of Federal Law: Avoiding and Accommodating Erie Part II: The Process of Litigation A. APPROACHING CIVIL PROCEDURE B. CHOOSING PROCEDURE C. A ROADMAP FOR EXPLORING CHOICES Chapter 5: Incentives to Litigate A. LITIGATION IN THE UNITED STATES AT THE START OF THE TWENTY-FIRST CENTURY B. REASONS TO LITIGATE: DOLLARS, ORDERS, AND DECLARATIONS 1. Damages Troupe v. C & S Wholesale Grocers, Inc. 2. Specific Relief Lucy Webb Hayes Natl. Training School v. Geoghegan 3. Declaratory Relief 4. Temporary Remedies Winter v. Natural Resources Defense Council, Inc. Fuentes v. Shevin C. FINANCING LITIGATION 1. The “American” and “English” Rules About Attorneys’ Fees 2. Insurance, the Contingent Fee, and Alternative Litigation Finance 3. Public Subsidies and Professional Charity 4. From Fee Spreading to Fee Shifting Buckhannon Board and Care Home, Inc. v. West Virginia Department of Health and Human Resources Chapter 6: Pleading A. THE STORY OF PLEADING 1. Of Stories and Jurisdiction 2. Plaintif’s Story, Defendant’s Story 3. One Function of Pleading: Establishing the Law Haddle v. Garrison (S.D. Ga. 1996) Haddle v. Garrison Haddle v. Garrison 4. Another Function of Pleading: Sorting Strong from Weak Cases? Ashcroft v. Iqbal Stradford v. Zurich Insurance Co. 5. Allocating the Elements of a Claim Jones v. Bock B. ETHICAL LIMITATIONS IN PLEADING—AND IN LITIGATION GENERALLY Walker v. Norwest Corp. Christian v. Mattel, Inc. C. RESPONDING TO THE COMPLAINT 1. Default 2. The Pre-Answer Motion (and a Close Post-Answer Relative) 3. Answer Zielinski v. Philadelphia Piers, Inc. 4. Reply 5. Amendments Beeck v. Aquaslide ’N’ Dive Corp. Moore v. Baker Bonerb v. Richard J. Caron Foundation Chapter 7: Discovery A. MODERN DISCOVERY 1. Discovery Before Discovery: Obligations and Spoliation Zubulake v. UBS Warburg LLP 2. Getting the Story Straight: Crafting a Discovery Plan B. THE TOOLS OF DISCOVERY 1. Required Disclosures—First Round 2. Documents, Things, Land, and Bytes: Requests for Production (Rules 34 and 45) 3. Asking Questions in Writing, Seeking Admissions: Interrogatories and Admissions (Rules 33 and 36) 4. Asking Questions in Person: Depositions (Rule 30) and Physical and Mental Evaluations (Rule 35) 5. Pretrial Witness Lists and the Pretrial Order C. THE SCOPE OF DISCOVERY 1. Relevance Favale v. Roman Catholic Diocese of Bridgeport 2. Proportionality, Burden, and Privacy Cerrato v. Nutribullet, LLC Wagoner v. Lewis Gale Medical Center, LLC Rengifo v. Erevos Enterprises, Inc. 3. Privilege 4. Trial Preparation Material Civil Procedure 2

Hickman v. Taylor D. EXPERTS Thompson v. The Haskell Co. Chiquita International Ltd. v. M/V Bolero Reefer E. ENSURING COMPLIANCE AND CONTROLLING ABUSE OF DISCOVERY 1. Types of Discovery Disputes 2. Ensuring Compliance 3. Remedies: Management and Sanctions Mueller v. Swift Security National Bank of Sioux City v. Abbott Laboratories Chapter 8: Resolution Without Trial A. THE PRESSURE TO CHOOSE ADJUDICATION OR AN ALTERNATIVE 1. Default and Default Judgments Peralta v. Heights Medical Center 2. Scheduling Orders and Failure to Prosecute: Involuntary Dismissal 3. Voluntary Dismissal B. AVOIDING ADJUDICATION 1. Negotiation and Settlement: Why Settle? And How? Kalinauskas v. Wong 2. Contracting for Private Adjudication: Arbitration and Its Variants Ferguson v. Countrywide Credit Industries, Inc. Epic Systems v. Lewis C. ADJUDICATION WITHOUT TRIAL: SUMMARY JUDGMENT 1. Summary Judgment in Action: The Burdens on the Moving and Nonmoving Parties Celotex Corp. v. Catrett 2. Summary Judgment in Action: How Courts Should Assess the Evidence Tolan v. Cotton Bias v. Advantage International, Inc. Chapter 8: Resolution Without Trial A. THE PRESSURE TO CHOOSE ADJUDICATION OR AN ALTERNATIVE 1. Default and Default Judgments Peralta v. Heights Medical Center 2. Scheduling Orders and Failure to Prosecute: Involuntary Dismissal 3. Voluntary Dismissal B. AVOIDING ADJUDICATION 1. Negotiation and Settlement: Why Settle? And How? Kalinauskas v. Wong 2. Contracting for Private Adjudication: Arbitration and Its Variants Ferguson v. Countrywide Credit Industries, Inc. Epic Systems v. Lewis C. ADJUDICATION WITHOUT TRIAL: SUMMARY JUDGMENT 1. Summary Judgment in Action: The Burdens on the Moving and Nonmoving Parties Celotex Corp. v. Catrett 2. Summary Judgment in Action: How Courts Should Assess the Evidence Tolan v. Cotton Bias v. Advantage International, Inc. Chapter 9: The Trier and the Trial A. CHOOSING AND CHALLENGING JUDGES Caperton v. A.T. Massey Coal Co. B. SHARING POWER WITH A JURY 1. When May a Jury Decide? 2. Choosing Jurors 3. Challenging Jurors C. WHAT WILL TRIAL BE ABOUT? THE FINAL PRETRIAL CONFERENCE AND ORDER Monfore v. Phillips D. JUDGES GUIDING JURIES 1. Instruction and Comment 2. Excluding Improper Influences 3. Size and Decision Rules E. JUDGES CONTROLLING JURIES: JUDGMENT AS A MATTER OF LAW 1. Judgment as a Matter of Law in Action: How Courts Should Assess the Evidence Pennsylvania Railroad v. Chamberlain 2. Judgment as a Matter of Law in Action: Judgments and Renewed Judgments Unitherm Food Systems, Inc. v. Swift-Eckrich, Inc. F. JUDGES UNDOING VERDICTS: THE NEW TRIAL 1. The Justifications for New Trials Lind v. Schenley Industries 2. Conditional New Trials G. THE LIMITS OF JUDICIAL POWER: THE REEXAMINATION CLAUSE AND THE JURY AS A BLACK BOX Peterson v. Wilson Chapter 10: Appeal A. WHO CAN APPEAL? 1. A Losing Party: Adversity Aetna Casualty & Surety Co. v. Cunningham 2. Who Raised the Issue Below: Of Waivers and Sandbags 3. Who Was Not Deterred from Appealing B. WHEN A DECISION MAY BE REVIEWED: “FINALITY” 1. The Final Judgment Rule Civil Procedure 3

Liberty Mutual Insurance Co. v. Wetzel 2. Exceptions to the Final Judgment Rule Lauro Lines s.r.l. v. Chasser C. SCOPE OF REVIEW 1. Law and Fact Anderson v. Bessemer City 2. Harmless Error Van Zee v. Hanson Chapter 11: Respect for Judgments A. CLAIM PRECLUSION 1. Precluding the “Same” Claim Frier v. City of Vandalia Semtek Intl. Inc. v. Lockheed Martin Corp. 2. Between the “Same” Parties Taylor v. Sturgell 3. After a Final Judgment 4. After a Judgment “on the Merits” Gargallo v. Merrill Lynch, Pierce, Fenner & Smith B. ISSUE PRECLUSION 1. The Same Issue 2. An Issue “Actually Litigated and Determined” Illinois Central Gulf Railroad v. Parks 3. An Issue “Essential to the Judgment” 4. Between Which Parties? Parklane Hosiery Co. v. Shore C. THE BOUNDARIES OF PRECLUSION 1. Claim Preclusion 2. Issue Preclusion D. REPOSE: COLLATERAL ATTACK AND REOPENED JUDGMENTS 1. Full Faith and Credit as a Bar to Collateral Attack V.L. v. E.L. 2. The Reopened Judgment as an Alternative to Collateral Attack United States v. Beggerly Part III: Probing the Boundaries: Additional Claims and Parties Chapter 12: Joinder A. JOINDER OF CLAIMS 1. Joinder of Claims by Plaintif 2. Claims by the Defendant: Counterclaims and Crossclaims Cordero v. Voltaire, LLC B. JOINDER OF PARTIES 1. By Plaintifs Mosley v. General Motors Corp. 2. By Defendants: Third-Party Claims Price v. CTB, Inc. 3. Compulsory Joinder Temple v. Synthes Corp. Helzberg’s Diamond Shops v. Valley West Des Moines Shopping Center C. INTERVENTION Natural Resources Defense Council v. United States Nuclear Regulatory Commission Martin v. Wilks D. INTERPLEADER Southern Farm Bureau Life Ins. Co. v. Davis E. CLASS ACTIONS 1. Introduction 2. The Class Action and the Constitution Hansberry v. Lee Phillips Petroleum v. Shutts 3. The Class Action and Federalism Standard Fire Ins. Co. v. Knowles 4. Statutory Requirements Wal-Mart Stores, Inc. v. Dukes 5. Settlement of Class Actions and the “Settlement Class” Amchem Products, Inc. v. Windsor

Civil Procedure 4...