Civil Procedure Cases Materials and Questions 7th Edition by Richard Freer, Wendy Collins Perdue ISBN 1611639115 978-1611639117

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ISBN 10: 1611639115
ISBN 13: 978-1611639117
Author: Richard Freer, Wendy Collins Perdue

This innovative casebook is designed to be accessible to first year students while exposing them to the richness of the course. Each chapter begins with an “Introduction and Integration” section, which provides an overview and indicates how the materials relate to other topics. The authors explore the strategic and ethical issues faced by lawyers. The book features clear textual explication to set up consideration of cases. The seventh edition is wholly up-to-date, including the new discovery provisions that became effective December 1, 2015.

Civil Procedure Cases Materials and Questions 7th Table of contents:

Chapter 1 · An Introduction to the Civil Action and Procedure

A. The Study of Procedure

B. Federalism

C. Overview of the Structure of a Court System

1. Trial Courts

2. Intermediate Appellate Courts

3. Supreme Courts

4. Appellate Practice and the Doctrine of Precedent

D. The Adversary System

E. Alternatives to Litigation

F. A Brief History of Our English Judicial Roots

G. General Topics of Civil Procedure

1. Selecting the Forum (Chapters 2–5, 10)

2. Obtaining Provisional Remedies (Chapter 6)

3. Learning About the Opponent’s Case (Chapters 7 & 8)

4. Adjudication With or Without a Jury (Chapter 9)

5. Preclusion, Joinder, and Supplemental Jurisdiction (Chapters 11–13)

6. Appeal (Chapter 14)

7. Litigation Alternatives (Chapter 15)

8. A Quick Note on Materials

Chapter 2 · Subject Matter Jurisdiction

A. Introduction and Integration

B. State Courts and General Subject Matter Jurisdiction

C. Federal Courts and Limited Subject Matter Jurisdiction

1. The Constitutional Grants and Role of Congress

Notes

2. Plaintiff’s Burden to Establish Federal Subject Matter Jurisdiction

3. Diversity of Citizenship and Alienage Jurisdiction

a. Introductory Note

b. The Complete Diversity Rule

Strawbridge v. Curtiss

Notes and Questions

c. Determining Citizenship of Individuals

Mas v. Perry

Notes and Questions

d. Determining Citizenship of Entities

i. Corporations

Randazzo v. Eagle-Picher Industries, Inc.

Notes and Questions

Hertz Corporation v. Friend

Notes and Questions

ii. Unincorporated Associations

Belleville Catering Co. v. Champaign Market Place L.L.C.

Notes and Questions

e. Suits by or Against Representatives and Assignments of Claims

f. The Domestic Relations and Probate Exceptions

g. The Amount in Controversy Requirement

Notes and Questions

The Aggregation Rules

Equitable Relief

4. Federal Question Jurisdiction

a. Introductory Note

b. Narrow Interpretations of the Jurisdictional Statute

i. The Well-Pleaded Complaint Rule

Louisville & Nashville Railroad Co. v. Mottley

Notes and Questions

Postscript

ii. Well-Pleaded Complaint Problems Raised by Claims for Declaratory Judgment

iii. Centrality of the Federal Issue to the Claim

Grable & Sons Metal Products, Inc. v. Darue Engineering & Manufacturing

Notes and Questions

5. Supplemental Jurisdiction

6. Removal Jurisdiction

Background

Effecting Removal

Notes and Questions

Remand to State Court

D. Challenging Federal Subject Matter Jurisdiction

Chapter 3 · Personal Jurisdiction

A. Introduction and Integration

B. Constitutional Limits on Personal Jurisdiction

1. The Fountainhead—Pennoyer v. Neff

Pennoyer v. Neff

Notes and Questions

2. Interim Developments

3. The Modern Era

International Shoe Co. v. Washington

Notes and Questions

Note on McGee and Hanson

World-Wide Volkswagen v. Woodson

Notes and Questions

Note on Personal Jurisdiction in Intentional Torts: Keeton, Calder, and Walden

Why Litigants Care about Where Litigation Occurs

Note on Personal Jurisdiction in Contracts Cases: Burger King Corp. v. Rudzewicz

Note on Asahi and the “Stream of Commerce”

J. McIntyre Machinery, Ltd. v. Nicastro

Notes and Questions

4. General Jurisdiction

Daimler AG v. Bauman

Notes and Questions

5. Specific Jurisdiction in the Era of Limited General Jurisdiction

Bristol-Myers Squibb Co. v. Superior Court of California

Notes and Questions

Ford Motor Co. v. Montana Eighth Judicial District

Notes and Questions

6. In Rem and Quasi-in-Rem Jurisdiction: Note on Shaffer v. Heitner

Notes and Questions

7. Transient Presence (“Tag” Jurisdiction): Note on Burnham v. Superior Court of California

Notes and Questions

8. Consent to Jurisdiction

a. Express Consent

b. Implied Consent

c. Corporate Registration Statutes

9. Personal Jurisdiction and the Internet

Telemedicine Solutions LLC v. Woundright Technologies, LLC

Notes and Questions

C. Statutory Limits on Personal Jurisdiction

1. State Statutes

Official Code of Georgia Annotated

Notes and Questions

2. Personal Jurisdiction in Federal Court

D. Challenging Personal Jurisdiction

1. The Traditional and Modern Approaches to Challenging Personal Jurisdiction

2. Collateral and Direct Attacks on Personal Jurisdiction

Baldwin v. Iowa State Traveling Men’s Association

Notes and Questions

E. A Different Perspective

1. The Purposes of Personal Jurisdiction

2. Personal Jurisdiction in Other Countries

Chapter II, Jurisdiction

Chapter 4 · Notice and Opportunity to Be Heard

A. Introduction and Integration

B. Notice

1. The Constitutional Requirement

Mullane v. Central Hanover Bank & Trust Co.

Notes and Questions

Note on the Development of Constitutional Notice

2. Statutory Requirements

a. What must be served?

b. Who may serve process?

c. Upon whom may process be served?

d. Where must process be served?

National Development Co. v. Triad Holding Corp.

Notes and Questions

e. How must process be served?

f. When must process be served?

3. Immunity, Evasion, and “Sewer Service”

C. Opportunity to Be Heard

Chapter 5 · Venue

A. Introduction and Integration

B. Local and Transitory Actions

C. State Venue Provisions

Maryland Code Annotated

Notes and Questions

D. Venue in Federal Court

The Basic Rules

Notes and Questions

Bates v. C & S Adjusters, Inc.

Notes and Questions

E. Change of Venue

1. Transfer of Civil Cases in State Courts

2. Transfer of Civil Actions in Federal Court

a. What Must be True of the Transferee District? (The Hoffman Issue)

b. Personal Jurisdiction in the Transferee District (The Goldlawr Issue)

c. Choice of Law (The Van Dusen Issue)

d. Standard for Ordering Transfer Under §§ 1404 and 1406

e. The Effect of a Forum Selection Clause

f. Multidistrict Litigation

F. Forum non Conveniens

Piper Aircraft Co. v. Reyno

Notes and Questions

Chapter 6 · Provisional Remedies and Other Remedies Topics

A. Introduction and Integration

B. Maintaining the Status Quo

1. Attachment, Garnishment, Replevin

Connecticut v. Doehr

Notes and Questions

2. Temporary Restraining Orders and Preliminary Injunctions

Alliance for the Wild Rockies v. Cottrell

Notes and Questions

Chapter 7 · Pleadings and Judgments Based on Pleadings

A. Introduction and Integration

B. Historical Overview of the Evolution of Pleadings

C. The Complaint

1. Requirements

a. Elements of the Complaint

i. A “short and plain statement of the grounds for the court’s jurisdiction”

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

iii. A “demand for the relief sought, which may include relief in the alternative or different types of relief”

b. Form of Pleadings

c. Legal Sufficiency

Notes and Questions

d. Factual (or “Formal”) Sufficiency: The Debate Over Specificity

i. Code Pleading

ii. Notice Pleading

Note on Dioguardi v. Durning and Conley v. Gibson

iii. Federal Rules Pleading and the Plausibility Standard

Bell Atlantic Corporation v. Twombly

Notes and Questions

The Iqbal Case

Notes and Questions

Swanson v. Citibank, N.A.

Notes and Questions

iv. The Common Counts

e. Heightened Specificity Requirements in Certain Cases

f. Pleading Inconsistent Facts and Alternative Theories

2. Voluntary Dismissal

Notes and Questions

3. Involuntary Dismissal

Notes and Questions

D. Defendant’s Options in Response

1. Motions and Rule 12

2. The Answer

a. Responses to the Plaintiff’s Allegations

i. Admissions

ii. Denials

iii. Denials for Lack of Knowledge or Information

b. Affirmative Defenses

Notes and Questions

3. Claims by the Defendant

4. Failure to Respond: Default and Default Judgment

Notes and Questions

E. Amended Pleadings

1. Basic Principles under Rule 15(a)

Notes and Questions

2. The Problem of Variance under Rule 15(b)

Notes and Questions

3. Amendment and the Statute of Limitations under Rule 15(c)

a. Amendment to Claims or Defenses

Marsh v. Coleman Company

Notes and Questions

b. Amendment Changing a Party

F. Supplemental Pleadings

G. Veracity in Pleading: Rule 11 and Other Devices

1. Rule 11 and the Model Rules of Professional Conduct

Model Rules of Professional Conduct

Mata v. Avianca, Inc.

Notes and Questions

2. Other Sanctions

Chapter 8 · Discovery

A. Introduction and Integration

B. Required Disclosures

1. Required Initial Disclosures (Rule 26(a)(1))

Questions

2. Required Disclosures Concerning Expert Witnesses (Rule 26(a)(2))

3. Required Pretrial Disclosures (Rule 26(a)(3))

C. Discovery Tools

1. Depositions (Rules 30, 31)

Questions

2. Interrogatories (Rule 33)

Questions

3. Production of Documents and Things (Rule 34)

Questions

4. Medical Examination (Rule 35)

Questions

5. Requests for Admission (Rule 36)

Questions

6. Practice Problem

D. Scope of Discovery

1. General Scope

a. “Relevant to a claim or defense”

United Oil Co. v. Parts Associates, Inc.

Notes and Questions

b. “Nonprivileged”

c. “Proportional”

2. Issues Concerning Discovery of ESI

Zubulake v. UBS Warburg LLC

Notes and Questions

3. Work Product

Hickman v. Taylor

Notes and Questions

Applying Rule 26(b)(3)

4. Experts

Ager v. Jane C. Stormont Hospital & Training School for Nurses

Notes and Questions

5. Discovery in the International Context

6. Review Problem

E. Timing and Pretrial Disclosures, Conferences, and Orders

1. Timing

2. Pretrial Conferences and Orders

F. Sanctions

Washington State Physicians Insurance Exchange & Association v. Fisons Corp.

Notes and Questions

Chapter 9 · Adjudication With and Without a Trial or a Jury

A. Introduction and Integration

B. Trial and the Right to a Jury

1. Scope of the Constitutional Right

a. “Actions at Common Law” and the Historical Test

Chauffeurs Local 391 v. Terry

Notes and Questions

b. Mechanics of Making a Jury Demand

c. Juries in Non-Article III Federal Courts

d. Juries in State Courts

2. Selection and Size of the Jury

a. The Venire and Voir Dire

b. Peremptory Challenges

Notes and Questions

c. Two Views of Voir Dire and Peremptory Strikes

The Mapplethorpe Obscenity Trial

10 Trial Mistakes

d. Jury Size

3. Jury Nullification and Its Limits

C. Summary Judgment—Adjudication without Trial

1. Operation of Rule 56

Questions

2. The Supreme Court and Summary Judgment

Notes and Questions

Coble v. City of White House

Notes and Questions

D. Controlling and Second-Guessing Juries

1. Judgment as a Matter of Law (Directed Verdict and JNOV)

Questions

Lavender v. Kurn

Notes and Questions

2. New Trials

Dadurian v. Underwriters at Lloyd’s of London

Notes and Questions

Problems with Size of a Jury Award

3. Other Techniques for Controlling Juries

a. Admissibility of Evidence

b. Jury Instructions

c. Form of the Verdict

d. Judicial Comment

e. Juror Misconduct

4. Motions to Set Aside a Judgment or Order (Rule 60)

Chapter 10 · What Law Applies in Federal Court

A. Introduction and Integration

B. Determining What Law Applies

1. The Erie Doctrine

Erie Railroad Co. v. Tompkins

Notes and Questions

Note: Constitutional Bases of Erie

2. Early Efforts to Describe When State Law Applies

Byrd v. Blue Ridge Rural Electrical Cooperative, Inc.

Notes and Questions

3. The Federal Rules of Civil Procedure

Hanna v. Plumer

Note on Understanding Hanna

a. What Happens When There Is a Federal Rule of Civil Procedure on Point—The Rules Enabling Act Prong

i. Determining Whether a Federal Directive Is on Point

ii. Determining Whether a Federal Directive Is Valid

b. What Happens When There Is No Federal Rule of Civil Procedure on Point—The Rules of Decision Act Prong

Notes and Questions

c. Applying the Hanna Structure

Gasperini v. Center for Humanities, Inc.

Notes and Questions

Note on “SLAPP” Suits

Shady Grove Orthopedic Association v. Allstate Insurance Co.

Notes and Questions

C. Determining the Content of State Law (the “Erie Guess”)

Deweerth v. Baldinger

Notes and Questions

D. Federal Common Law

E. Federal Law in State Court (“Reverse Erie”)

Chapter 11 · The Preclusion Doctrines

A. Introduction and Integration

B. Claim Preclusion

1. Scope of a Claim

a. In General

Carter v. Hinkle

Notes and Questions

b. Contract Cases

2. Parties or Persons in Privity

a. Who Can Be Bound?

Taylor v. Sturgell

Notes and Questions

b. Configuration of the Parties

Notes and Questions

3. Valid, Final Judgment on the Merits

a. Validity

b. Finality

c. On the Merits

Notes and Questions

4. “Defense Preclusion”

5. Exceptions to the Operation of Claim Preclusion

Notes and Questions

C. Issue Preclusion

1. Same Issue Litigated and Determined

Cromwell v. County of Sac

Notes and Questions

2. Issue Determined Was Essential to the Judgment

Rios v. Davis

Notes and Questions

3. Valid, Final Judgment on the Merits

4. Against Whom Can Issue Preclusion Be Asserted?

Notes and Questions

5. By Whom Can Issue Preclusion Be Asserted?

a. Mutuality and Exceptions

b. Rejection of Mutuality for Defensive Use

Notes and Questions

c. Rejection of Mutuality for Offensive Use

Parklane Hosiery Co. v. Shore

Notes and Questions

6. Exceptions to the Operation of Issue Preclusion

Notes and Questions

D. Problems of Federalism

1. State-to-State

2. State-to-Federal

3. Federal-to-State

4. Federal-to-Federal

Chapter 12 · Scope of Litigation—Joinder and Supplemental Jurisdiction

A. Introduction and Integration

B. Real Party in Interest, Capacity, and Standing

Notes and Questions

C. Claim Joinder by Plaintiffs

1. Procedural Aspects

2. Jurisdictional Aspects

United Mine Workers v. Gibbs

Notes and Questions

Power Versus Discretion

D. Permissive Party Joinder by Plaintiffs

1. Procedural Aspects

Schwartz v. Swan

Notes and Questions

2. Jurisdictional Aspects

Notes and Questions

E. Claim Joinder by Defendants

1. Counterclaims

a. Compulsory Counterclaims

i. Procedural Aspects

Dindo v. Whitney

Carteret Savings & Loan Assn. v. Jackson

Notes and Questions

ii. Jurisdictional Aspects

Notes and Questions

b. Permissive Counterclaims

i. Procedural Aspects

Notes and Questions

ii. Jurisdictional Aspects

2. Crossclaims

a. Procedural Aspects

Notes and Questions

b. Jurisdictional Aspects

Notes and Questions

F. Overriding Plaintiff’s Party Structure

1. Impleader (Third-Party Practice)

a. Procedural Aspects

Markvicka v. Brodhead-Garrett Co.

Notes and Questions

b. Jurisdictional Aspects

Owen Equipment & Erection Co. v. Kroger

Notes and Questions

2. Compulsory Joinder (Necessary and Indispensable Parties)

a. Procedural Aspects

Haas v. Jefferson National Bank

Temple v. Synthes Corp.

Notes and Questions

b. Jurisdictional Aspects

Notes and Questions

3. Intervention

a. Procedural Aspects

Notes and Questions

b. Jurisdictional Aspects

Hypothetical

Chapter 13 · Special Multiparty Litigation: Interpleader and the Class Action

A. Introduction and Integration

B. Interpleader

1. Background

2. The Two Types of Interpleader in Federal Court

3. The Limits of Interpleader to Avoid Duplicative Litigation

State Farm Fire & Casualty Co. v. Tashire

Notes and Questions

C. The Class Action

1. Background

2. Policy and Ethical Issues

3. Constitutional Considerations

Note on Hansberry v. Lee

4. Practice under Federal Rule 23

a. Background

b. Filing and Certification of a Class Action

c. Requirements for Certification under Rule 23(a) and 23(b)

Rule 23(a)

Rule 23(b)

Wal-Mart Stores, Inc. v. Dukes

Notes and Questions

d. Notice to Class Members of the Pendency of the Action

Notes and Questions

e. Court’s Role in Dismissal and Settlement

5. Subject Matter Jurisdiction

Exxon Mobil Corp. v. Allapattah Services

Notes and Questions

Note on Jurisdiction under CAFA

6. Personal Jurisdiction

Note on Phillips Petroleum Co. v. Shutts

Notes and Questions

D. Multidistrict Litigation

Notes and Questions

Chapter 14 · Appellate Review

A. Introduction and Integration

B. Appellate Jurisdiction in the Federal Courts

1. Section 1291

2. Collateral Order Doctrine

Cunningham v. Hamilton County

Notes and Questions

3. Section 1292

Notes and Questions

4. Rule 23(f)

5. Rule 54(b)

Notes and Questions

6. Extraordinary Writs (Mandamus and Prohibition)

7. Appealability of Discovery Orders

8. Mechanics and Timing of Filing an Appeal

9. Appellate Jurisdiction of the United States Supreme Court

C. Appeals in State Courts

D. Standards of Review

Notes and Questions

Chapter 15 · Alternative Models of Dispute Resolution

A. Introduction and Integration

B. Models of Non-Judicial Resolution

1. Brief Overview

2. Arbitration

a. Court-Annexed versus Contractual ADR

b. Expansion of Contractual Arbitration

AT&T Mobility LLC v. Concepcion

Notes and Questions

3. Litigation and Arbitration in the International Realm

C. Other Models of Judicial Control: A Comparative Approach

The German Advantage in Civil Procedure

Notes and Questions

Sempier v. Johnson & Higgins

Notes and Questions

D. Dispute Resolution without Adjudication

The Implications of Apology: Law and Culture in Japan and in the United States

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