Civil Procedure Rules, Statutes, & Cases

Rule 1

Purpose of federal rules of civil procedure ("just, speedy, and inexpensive")

Rule 2

"There is one form of action—the civil action."

Rule 3

"A civil action is commenced by filing a complaint with the court."

Rule 7(a)

Types of pleadings allowed

Rule 7(b)

A motion is "[a] request for a court order."

Rule 8(a)(2)

Requirements of pleading ("short and plain statement of the claim showing that the pleader is entitled to relief")

Rule 8(e)

"Pleadings must be construed to do justice."

Form 11

Pre-Twombly standardized form

Dioguardi & Conley

Pre-Twombly pleading cases (CoA & SCOTUS, respectively)

Twombly (reqs.)

1. Claim must be "plausible"

2. Factual matters are "taken as true"

Iqbal

Courts should "draw on its judicial experience and common sense."

Rule 8(b)

Responding to a Pleading.

Rule 12(b)(6)

Failure to state a claim upon which relief can be granted.

Rule 12(c)

Motion for Judgment on the Pleadings

Rule 12(d)

Conversion to Motion for Summary Judgment

Rule 12(e)

Motion for a More Definite Statement

Rule 12(f)

Motion to strike

Rule 15(a)

Pre-trial amendments to pleading

Rule 15(c)

Relation back of amendments

Rule 11

Signature & Sanctions (pre-trial)

28 U.S.C. § 1927

Discovery Sanctions (statutory)

Rule 26(g)

Discovery Sanctions (rules)

Rule 26(b)(1)

Scope of discovery

Rule 26(f)

Pre-trial conference (parties)

Rule 16(b)(3)

Pre-trial conference (court)

Rule 26(a)

Required initial disclosures.

Rule 30(a)

Depositions

Rule 30(b)(6)

Deposition of an organization

Rule 33

Interrogatories

Rule 34

Production of documents

Rule 26(b)(2)

Limitations on discovery

Rule 26(c)

Protective orders

Rule 37(a)

Motion to compel discovery and failure to comply with order

Rule 26(g)

Signature

Rule 26(b)(3)

Work Product Doctrine

Upjohn

Attorney-client privilege (corporate; rejects control test)

Rule 26(b)(5)

Attorney-client privilege (rule)

Hickman

Attorney-client privilege (individuals)

Rule 56(a)

Motion for summary judgment

Matsushita, Liberty Lobby, Celotex

Summary judgment trilogy (claim not "plausible; "a reasonable jury could [not] return a verdict for the nonmoving party; factually significant)

Rule 50(a)

JMOL

Rule 50(b)

Renewed JMOL

Rule 59(a)

Motion for a new trial

Res judicata

Claim preclusion

Collateral estoppel

Issue preclusion

Parklane

Nonmutual offensive collateral estoppel

28 U.S.C. § 1738 (+ Full Faith and Credit Clause)

State-to-state preclusion

Durfee

State-to-federal preclusion

Semtek

Federal-to-state preclusion

Due Process Clause

Personal jurisdiction

Rule 4(k)

Serving summons in a state establishes personal jurisdiction

International Shoe

Personal jurisdiction test (minimum contacts; fair play and substantial justice)

Goodyear

General jurisdiction over corporations

Mallory

General jurisdiction over corporations when registering

Ford

Specific jurisdiction

Volkswagen

Personal jurisdiction fairness factors

Burger King

Specific jurisdiction via contract (case-by-case; "quality and nature of contacts")

Asahi

Stream of commerce

Nicastro

Stream of commerce (foreign corporations)

Carnival Cruise Lines

Forum selection clauses (enforceable)

28 U.S.C. § 1332(a)

Diversity of Citizenship (subject matter jurisdiction)

28 U.S.C. § 1331

Federal Question jurisdiction (subject matter jurisdiction)

Motley

Well-pleaded complaint rule (FQ jurisdiction)

Hertz

Nerve center test (DC jurisdiction)

Mas

Domicile ("place of 'his true, fixed, and permanent home' . . . intention of returning whenever he is absent")

Strawbridge

Complete diversity (each plaintiff must be diverse from each defendant)

Sun Printing

human has only one domicile at a time

Allapattah

Amount-in-controversy when joining other parties

Grable & Sons

"arising under" for federal laws with no federal cause of action

28 U.S.C. § 1367

Supplemental jurisdiction

Gibbs

Supplemental jurisdiction over state claims ("common nucleus of operative fact")

28 U.S.C. § 1441

Removal (case types)

28 U.S.C. § 1446

Removal (procedure)

Rule 13(a)

Compulsory counterclaim

Rule 13(b)

Permissive counterclaim

28 U.S.C. § 1447(c)

Motion to remand

28 U.S.C. § 1391

Venue

28 U.S.C. § 1404

Transfer

28 U.S.C. § 1406

Transfer or dismissal (when brought in wrong venue)

Piper

Forum non conveniens

Zielinski

Denying in good faith

Cromwell

Res judicata (case)

Blondertongue

Nonmutual defensive collateral estoppel (patents)