Jurisdiction

1. Notice • Service of Process reasonably calculated to reach interested parties JNOV (50b) and New Trial Motions (59) Opportunity to Be Heard • Individual Interest • Govt/Attacher Interest • Accuracy – risk of deprivation Claim and Party Joinder Jury Instructions • Claim Joinder (18) • Any additional claim • “permissive” • Party Joinder (20) • Same transaction + q of law/fact • Really permissive • Counter/Cross-Claims (13) • Same transaction – compulsory + cross-claim • Different – permissive • Impleader (14) • Indemnification • Necessary Parties (19) • Intervenors (24) • As of right v. Permissive • Class-Actions (23) • 23(b) – Incompatible adjudication, limited funds, injunctive relief, $ damages (small claims / mass tort) • Predominance and Superiority • 23(a) – Numerosity, Commonality, Typicality, Adequacy Verdict Pleading/ Complaint • Short and plain statement (8) Answer Final Judgment Exceptions Jurisdiction Judgment • Affirmative Defenses • Compulsory/Permissive counter-claims (13) • Multiple Claims(54) • Injunctions (1292) • Exceptions/Certifying a Question (1292) • Writs (1651) Discovery Trial Laws: • Erie – State Ethical Lawyering – Rule 11 • Res • Judicata • Initial Disclosure (26) • Witnesses, documents, damages, insurance • Attorney work product • Relevant v. Privilege • Depositions (30) • Interrogatories (33) • Document Requests (34/45) • Physical Exams (35) • Admissions (36) • Subpoena (45) • Protective Order (26) / Compel (37) • Signing (26) / Sanctions (37) Motion for Judgment as a Matter of Law (50a) Appeal  Removal (1441) • Could have been brought in fed court • Not in-state defendant in diversity • Directed verdict Judge v. Jury Trial Personal Jurisdiction • Right to jury is preserved • Juror selection • Consent, Domicile, Presence, Property + Contacts • Minimum Contacts (LAS – 4K1A) • General v. Specific • Fair Play and Substantial Justice Summary Judgment (56) (Pre-Trial) Trial Calendar Claim Preclusion • Both sides agree no issue of fact • Party with burden of proof moves (likely P) • Say they have 100% of evidence • Party without burden moves (likely D) • To negate essential element of P claim, must show evidence • To show P lacks evidence to prove essential claim, don’t need to show anything • Final Judgment “on merits” • Same Parties • Same transaction or occurrence Subject Matter Jurisdiction • Diversity (plus a-i-c) (1332) • Establish citizenship • Federal Question (1331) • Supplemental (1367) • Valid Claim • Common Nucleus • Diversity Motions to Dismiss (12) (Pre-Discovery and often Pre-Answer) Issue Preclusion • Lack of subject-matter jurisdiction (12b1) • Lack of personal jurisdiction (12b2) • Improper venue (12b3) • Process (12b4/5) • Failure to state a claim upon which relief can be granted (12b6) • Same issue • Issue was litigated , given final judgment and necessary to judgment • Non-mutual defensive (run by D against repeat P) • Non-mutual offensive (run by P against repeat D) Venue • Original (1391) • Change/Transfer (1404/6) • Forum non Conveniens