Civil Procedure (murphy)

Which rule governs pleadings in civil procedure?

FRCP 8 governs pleadings.

What does Rule 8(a)(2) require for a complaint?

A short and plain statement of the claim showing that the pleader is entitled to relief.

What are the two tests for the sufficiency of a complaint?

Notice sufficiency and legal sufficiency.

What is notice sufficiency in the context of a complaint?

The complaint must put the defendant on 'fair notice' of what they are being sued for.

What landmark case established the notice sufficiency test?

The test originated in Conley.

What is the current standard for legal sufficiency of a complaint?

The Twombly standard requires the plaintiff to allege facts sufficient to state a plausible claim for relief.

What does 'plausible' mean in the context of the Twombly standard?

Plausible is somewhere in between possible and probable.

What must courts accept as true when ruling on a 12(b)(6) motion to dismiss?

Courts accept factual allegations as true, not legal conclusions.

What is the Twiqbal framework?

1) Strike all legal conclusions from the complaint; 2) Apply the plausibility analysis to the remaining allegations.

What does Rule 4 of the FRCP govern?

Service of process.

What options does Rule 12 give defendants in response to a complaint?

Defendants may file a motion to dismiss or an answer.

Which 12(b) defenses must be included in the first response or they are waived?

12(b)(2)-(5) defenses must be included in the first response.

What is an affirmative defense?

A defense that admits the facts but asserts additional reasons why the plaintiff should not prevail.

What does Rule 15 govern?

Amendments to pleadings.

What are the Foman factors?

Factors considered by the court when deciding whether to grant leave to amend pleadings.

Can a defendant raise a 12(b)(1) defense at any time?

Yes, it is never waived. (subject matter)

What does the term 'legal conclusion' refer to in a complaint?

Allegations that merely restate the elements of a claim without factual support.

What are the Foman factors for amending pleadings?

Undue delay, bad faith or dilatory motive, repeated failure to cure deficiencies, prejudice to the opposing party, and futility of amendment.

What does 'futility' mean in the context of amending pleadings?

If a party is a sure loser anyway, justice doesn't require allowing them to amend the pleadings.

What is 'undue prejudice' in relation to amending pleadings?

When an amendment would cause a significant shift in the case or confuse the jury.

When does a claim relate back according to Rule 15?

When the amendment asserts a claim that arose out of the conduct set out in the original pleading.

What does Rule 11 require from attorneys regarding pleadings?

Attorneys must sign all documents certifying they are not for improper purpose, legal contentions are warranted, and factual contentions have evidentiary support.

What is the purpose of sanctions under Rule 11?

To deter misconduct, not to punish.

What is the safe-harbor provision in Rule 11?

It requires a party moving for sanctions to serve the motion on the other party before filing it with the court, giving no moving party the opportunity to show why conduct is not a violation

What is the starting point for discovery rules?

Rule 26.

What is the scope of discovery under Rule 26(b)(1)?

Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party's claim or defense and proportional to the needs of the case

What factors must courts consider for proportionality in discovery?

Importance of issues

amount in controversy

parties' access to information

resources

importance of discovery

and burden vs. benefit.

What does Rule 26(b)(2)(B) state about electronically stored information (ESI)?

A party need not provide ESI from sources deemed not reasonably accessible due to undue burden or cost.

What are the good cause factors for discovery requests?

• specificity of request,​

• quantity of info available from more easily accessed sources,​

• failure to produce relevant info that seems likely to have existed but is no longer available on more easily accessed sources ,​

• likelihood of finding relevant info from othersources, ​

• potential utility of info,​

• importance of issues germane to case, and​

• parties’ resources

What is the Work Product Doctrine under Rule 26(b)(3)?

It protects documents prepared in anticipation of litigation from discovery unless the requesting party shows substantial need and undue hardship.

In the context of discovery, what is considered a fact and not protected as work product?

The identity of a witness is a fact and not a document or tangible thing.

What happens if a party wants cost-shifting in discovery?

The party seeking cost-shifting must prove good cause and the court considers several factors including narrow tailoring and cost relative to controversy.

What must a party disclose under Rule 26(a)(2)?

The identity of any witness it may use at trial.

What is protected under Rule 26(b)(4)(B)?

Drafts of any report or disclosure required under Rule 26(a)(2).

What does Rule 56 pertain to?

Pretrial motions for summary judgment.

What is the standard for granting summary judgment under Rule 56?

Summary judgment is appropriate only when there exists no genuine issue as to any material fact if no reasonable trier of fact could possibly find for the nonmovant

What happens if a party fails to move for post-verdict relief under Rule 50(b)?

They may not appeal a verdict for sufficiency of the evidence if they only motioned 50(a) but not 50(b)

What is the difference between JMOL and a motion for a new trial?

JMOL assesses if no reasonable jury could find for the non-moving party, while a motion for a new trial allows the judge to weigh evidence and credibility to determine if new trial is warranted

What is the effect of relying solely on pleadings in a motion for JMOL?

If a party relies solely on pleadings, they have no evidence, and JMOL should be granted in favor of the opposing party.

What does Rule 38 state about jury trials?

If you want a jury, you must request one in a timely manner; failing to do so waives the right to a jury trial.

What framework is used for mixed cases involving legal and equitable claims?

The Beacon Theaters Framework, which orders legal issues to be decided by a jury first.

What is the Chauffers 2-step method used for?

To determine whether a claim should be heard in a court of law or equity based on historical analysis and the relief sought.

What are the three exceptions to the general rule regarding jury trials?

1) Money damages may be equitable for specific causes of action, 2) Damages incidental to obtaining an injunction do not trigger a jury right, 3) Claims seeking a writ of ejectment are not equitable.

What is claim preclusion?

A legal doctrine preventing a party from relitigating a claim that has already been judged on the merits.

What are the three requirements for invoking claim preclusion?

1. Same configuration of parties; 2. Same claim; 3. Judgment must be on the merits.

What does 'on the merits' mean in claim preclusion?

It refers to judgments that are substantive and not based on procedural grounds, such as default judgments or dismissals without prejudice.

what is a claim for the purposes of claim preclusion

same transaction or occurrence

What is meant by 'no claim splitting' in the context of claim preclusion?

A plaintiff cannot bring multiple lawsuits for different damages arising from the same wrongful act; all claims must be included in one action.

What is issue preclusion?

A doctrine that prevents the relitigation of an issue that has already been litigated and determined in a valid final judgment.

What must be shown to establish issue preclusion in Suit #2?

1. Suit #1 ended in a valid final judgment on the merits ; 2. The same issue was actually litigated in Suit #1; 3. The issue was essential to the judgment in Suit #1.

What is the significance of the 'Bizarro Test' in issue preclusion?

It tests whether flipping the outcome of one issue would change the judgment in the first suit, determining if the issue was essential.

What is nonmutual defensive issue preclusion?

When a new defendant can invoke issue preclusion against a plaintiff who had a full chance to litigate the issue in a prior suit.

What is nonmutual offensive issue preclusion?

When a different plaintiff can use a prior judgment against the same defendant, provided it is not unfair to the defendant.

In the railroad hypo, why can't plaintiffs 27 through 50 use issue preclusion?

Because the judgment in suit 26 is inconsistent with previous decisions, and they could have joined the earlier actions.

What does FRCP 18(a) state about claim joinder?

A party may join as many claims as it has against an opposing party, even if the claims are transactionally different.

What is required for supplemental jurisdiction under USC 1367?

Claims must arise from a common nucleus of operative fact with the original claim and must be closely related.

What does 'leave to amend' imply in the context of claim preclusion?

If a court allows a party to amend their claim, the judgment is not considered 'on the merits' for preclusion purposes.

What is the impact of a judgment being 'without prejudice'?

It indicates that the case can be refiled and does not constitute a final judgment on the merits.

What is the role of privity in issue preclusion?

Issue preclusion can be used against someone who was not a party to the first suit if they are in privity with a party from that suit.

What does it mean if an issue is deemed 'established' in Suit #2?

It means that the issue has been conclusively determined by a valid judgment in Suit #1 and cannot be relitigated.

What are the implications of a judgment being inconsistent with previous decisions?

It may prevent the use of issue preclusion in subsequent suits due to fairness concerns.

What is the significance of the 'common nucleus of operative fact'?

It is a requirement for claims to be joined under supplemental jurisdiction, ensuring they are related to the same case or controversy.

What is the consequence of failing to join all claims in a single action?

A second action for omitted damages may be precluded by the judgment from the first suit.

How does the concept of 'due process' relate to issue preclusion?

It ensures that a judgment cannot bind a party who was not given an opportunity to be heard in the original action.

What is the primary focus of claim preclusion?

To prevent the same parties from litigating the same claim after a final judgment has been made.

What is the difference between claim preclusion and issue preclusion?

Claim preclusion bars relitigation of the entire claim, while issue preclusion only bars relitigation of specific issues that were previously decided.

What does 'permissive joinder' allow under FRCP 18?

It allows a party to join multiple claims against an opposing party without needing to bring all claims at once.

What is the significance of 'essential to the judgment' in issue preclusion?

It means that the issue must have been necessary for the outcome of the first suit; otherwise, it cannot be precluded.

What is the basis for a district court to decline supplemental jurisdiction under FRCP?

A district court may decline if the claim raises a novel or complex issue of State law, substantially predominates over original claims, all original claims have been dismissed, or in exceptional circumstances with compelling reasons.

What does FRCP Rule 20 allow regarding party joinder?

It allows multiple plaintiffs and defendants to join in one action if their claims arise from the same transaction or occurrence and raise at least one common question of law or fact.

What is a compulsory counterclaim under FRCP Rule 13(a)?

A compulsory counterclaim arises out of the transaction or occurrence that is the subject of the opposing party's claims and must be asserted or it is barred in a subsequent case.

What distinguishes a permissive counterclaim under FRCP Rule 13(b)?

A permissive counterclaim is not compulsory and does not need to be asserted in the current case to avoid being barred in the future.

What is the four-part test for determining if a counterclaim is compulsory?

1) Are the issues of fact and law largely the same?

2) Would claim preclusion bar a subsequent suit?

3) Will substantially the same evidence support both claims?

4) Is there a logical relationship between the claims?

What is impleader under FRCP Rule 14?

Impleader allows a defendant to bring in a third-party defendant who may be liable for all or part of the claim against the original defendant.

What is the significance of supplemental jurisdiction in relation to third-party defendants?

Supplemental jurisdiction for claims by P against the 3rd party D is not proper under diversity jurisdiction; a separate basis of original jurisdiction is needed.

what is the shoe test?

"[D]ue process requires only that in order to subject a defendant to a judgment in personam, if he be not present within the territory of the forum, he have certain minimum contacts with [the forum] such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice"

what does rule 4K establish regarding PJ?

If a federal court is located in a state, it can generally exercise personal jurisdiction over a defendant to the same extent that a state court could in that state. This means the court is bound by the state's long-arm statute and constitutional due process limits.

what are the 3 flavors of state long arm statues?

-Explicitly says "we reach as far as due process"

-Bunch of words that add up to "we reach as far as due process" (TX)

-Bunch of words that add up to "we don't reach as far as due process"

What is the difference between specific and general jurisdiction?

Specific jurisdiction requires the plaintiff's claim to arise out of or relate to the defendant's contacts with the forum, while general jurisdiction allows for jurisdiction based on the defendant's general connections to the forum.

What factors determine minimum contacts for personal jurisdiction?

minimum contacts includes purposeful availment, tortious conduct directed toward the forum state (effects), and foreseeability

what are the fairness factors (PJ)

States interest

Plaintiffs interest

Interstate jurisdiction

DEFENDANTS BURDEN

what does arise out of or relate mean for specific PJ?

ford split the test:

-When the defendant has little contact with the forum, a plaintiff's claim needs to arise out of these contacts (causation)

-When the defendant has systematic / continuous contacts with the forum, the plaintiff's claim can relate to these contacts

What does FRCP 1391(b) state regarding venue?

Venue can be used if all defendants are residents of the same state.

What is the significance of the fair play factors in personal jurisdiction?

Fair play factors assess whether exercising jurisdiction would be reasonable and just, considering the defendant's connections to the forum.

What determines a person's domicile for legal purposes?

Prescence and a person's intent to remain indefinitely in a location.

Under what conditions can an entity be deemed to reside in a judicial district?

If the entity is subject to the court's personal jurisdiction in that district.

What is the significance of 28 U.S.C. § 1332 for corporations?

It defines corporate citizenship based on the state of incorporation and the principal place of business.

What does 28 U.S.C. § 1391(b)(2) state about venue?

Venue is proper in a district where a substantial part of the events or omissions giving rise to the claim occurred.

What is the fallback provision for venue under 28 U.S.C. § 1391(b)(3)?

If no proper venue exists under (b)(1) or (b)(2), any district where any defendant is subject to personal jurisdiction can be used.

What is the standard for transferring a case under 28 U.S.C. § 1404?

A district court may transfer a civil action for the convenience of parties and witnesses, and in the interest of justice.

What does 28 U.S.C. § 1406(a) allow a court to do?

Dismiss or transfer a case filed in the wrong division or district to a proper venue.

What is the concept of Forum Non Conveniens?

A doctrine allowing dismissal of a case when another venue is more appropriate, not a transfer.

What are the two bases for federal subject matter jurisdiction?

Federal question jurisdiction and diversity jurisdiction.

What is the amount in controversy requirement for diversity jurisdiction?

The matter in controversy must exceed $75,000, exclusive of interest and costs.

What is the complete diversity rule?

Diversity jurisdiction cannot exist if any plaintiff is a citizen of the same state as any defendant.

What is the nerve center test for corporate citizenship?

A corporation's principal place of business is where its managers direct, control, and coordinate corporate activities.

What does the well-pleaded complaint rule entail?

Only the claim itself is considered to determine if a case arises under federal law, ignoring anticipated defenses.

What is supplemental jurisdiction under 28 U.S.C. § 1367(a)?

It allows district courts to hear claims related to original jurisdiction claims that share a common nucleus of operative facts.

What limitation does § 1367(b) impose on supplemental jurisdiction?

It restricts supplemental jurisdiction over claims by plaintiffs against parties made under certain rules if it conflicts with diversity jurisdiction.

What is the purpose of Rule 14 in civil procedure?

It allows a defending party to bring in a third-party who may be liable for all or part of the claim against them.