Read the test and spot issues REA Statutory – REA Constitutional – Copy names and claims for parties Federal Common Law before starting each problem Erie? Copy checklist into problem Reverse Erie Make sure you answer the question Pleading RELAX Apply Rule 8 Personal Jurisdiction Cross off Conclusory Apply Twombly Short cuts Extras Pro se? heightened pleading? General jurisdiction Short contacts analysis – – Answer Specific statute special cases? Use Analysis – Counter Claim Specific const contacts Amending Pleading Reasonableness if contacts, likely reasonable! – Relation back Notice Sanctions Opportunity Prejudgment Attachment – Settlement Private (Δ’s) Interest Discovery Risk of erroneous deprivation Non-privilege, relevant, calculated? Interest of and trial interest Π AC is/acting as attny? – SMJ AC Waived? – State Court WP Prepared by lawyer for lit? – Reverse Erie? WP Core WP? – Removal? Summary Judgment Diversity No genuine dispute Amt in Cont Certainty – – Burden Injunction/combining Adickes New – Was removal proper? § 1441 Celotex Holes in facts – Citizenship @ Time of removal – Shift burden more facts – Challenges Preclusion Erie problem? Claim Preclusion Federal Question Mutuality? Diversity? Same transaction/occurrence? Constitutional test Final judgment on the merits? Statutory Motley – Matter previously available? Statutory – Issue Preclusion Merrel/Grable/Empire Claim preclusion? Supplemental Jurisdiction? Issue necessary? Erie? Supplemental Run counter-factual Is there federal SMJ? Final judgment on the merits? Gibbs 1 Judgment in the alternative? Diversity Kroger – Non-mutual collateral? 2 Joinder Diversity Erie? – Rule 20 Removal Rule 19 Venue Page 9 – Necessary? Non Conveniens Indispensable Harlan? Threshold: Adequate alternate forum? Action Factor #1: Deference to choice of forum Π’s Prerequisites Factor #2: Public vs. Private interests Requirements of Erie Page 10 – Consider Settlement Which state law? Is there a conflict? Which side wants what? RDA
Read the test and spot issues Copy names and claims for parties before starting each problem Copy checklist into problem Make sure you answer the question RELAX Personal Jurisdiction Short cuts General jurisdiction – Short contacts analysis Specific statute – special cases? Use Analysis Specific const contacts Reasonableness – if contacts, likely reasonable! Notice Opportunity – Prejudgment Attachment Private (Δ’s) Interest Risk of erroneous deprivation Interest of Π and interest SMJ State Court Reverse Erie? Removal? Diversity Amt in Cont – Certainty – Injunction/combining Was removal proper? § 1441 Citizenship – @ Time of removal Challenges Erie problem? Federal Question Diversity? Constitutional test Statutory – Motley Statutory – Merrel/Grable/Empire Supplemental Jurisdiction? Erie? Supplemental Is there federal SMJ? Gibbs 1 Diversity – Kroger 2 Diversity – Erie? Removal Venue – Page 9 Non Conveniens Threshold: Adequate alternate forum? Factor #1: Deference to Π’s choice of forum Factor #2: Public vs. Private interests Erie – Page 10 Which state law? Is there a conflict? Which side wants what? RDA REA – Statutory REA – Constitutional Federal Common Law Erie? Reverse Erie Pleading Apply Rule 8 Cross off Conclusory Apply Twombly Extras – Pro se? heightened pleading? Answer Counter Claim Amending Pleading Relation back Sanctions Settlement Discovery Non-privilege, relevant, calculated? AC – is/acting as attny? AC – Waived? WP – Prepared by lawyer for lit? WP – Core WP? Summary Judgment No genuine dispute Burden Adickes – New Celotex – Holes in facts Shift burden – more facts Preclusion Claim Preclusion Mutuality? Same transaction/occurrence? Final judgment on the merits? Matter previously available? Issue Preclusion Claim preclusion? Issue necessary? Run counter-factual Final judgment on the merits? Judgment in the alternative? Non-mutual collateral? Joinder Rule 20 Rule 19 Necessary? Indispensable Harlan? Action Prerequisites Requirements of Consider Settlement trial
CivPro_McKenzie_Fall_2011.docx