Wednesday, January 18, 2017

For Friday-Section A

Wednesday audio.

We continue with Joinder. Consider the two hypos we did not get to today:

1) Smith was in an accident on a different day on the NJ Turnpike with a truck driven by a different Walmart driver. Could he join the lawsuit in Morgan?

2) Mr. McCormick was drinking one evening at a bar owned by Huls. While driving home from the bar, he is killed when he is in an collision with a truck driven by Kopmann. Mrs. McCormick wants to bring a lawsuit with two claims:
   1) v. Huls for a violation of the Dram Shop Act (a statute imposing liability on a bar for injuries involving patrons who leave intoxicated)
   2) v. Kopmann for Negligence (in a state where the plaintiff must prove she was not contributorily negligent).

Can she bring both in a single action? What is the special joinder problem here? What is the risk if McCormick files two separate lawsuits?

Look over FRCP 19, 24, and 42, which we will discuss as limits on the permissive nature of Joinder.

Then move on to Rule 11 and Honesty in Pleading, which we will begin and then pick-up in earnest next Monday. Make sure you look at the assigned committee notes (from 1983 and 1993) and see how the Rule changed in 1993 and why.

Friday, January 13, 2017

For Wednesday -- Section A

Friday audio. We are getting great participation from about 10-15 people. I need to hear from more people during class discussions.

We continue with Joinder of Parties and Claims, where our focus will be on FRCP 18(a), 20(a), and 21 (although obviously read everything). What are the benefits and drawbacks to the sort of broad joinder created by these rules? Why are the different rules for joinder of claims under FRCP 18 as opposed to parties under FRCP 20.

Consider what role FRCP 18 and 20 are playing in each of our Complaints. Be ready to discuss whether the claims and parties in our Complaints all properly joined and why?

Consider the following additional hypos:

1) Imagine that Krista Millea has a products liability claim against Walmart over a defective appliance she purchased there. Can she bring that claim in this action? What if Krista only had the products claim and not the loss of consortium claim?

2) Imagine Smith was in an accident on a different day on the NJ Turnpike with a truck driven by a different Walmart driver. Could he join the lawsuit in Morgan?





3) A and B are a same-sex couple who want to marry and are denied a marriage license by X (the clerk of that county). H and J are a same-sex couple who want to marry and also are denied a marriage license by X. Can A, B, H, and J join together to sue X?

4) Mr. McCormick was drinking one evening at a bar owned by Huls. While driving home from the bar, he is killed when he is in an collision with a truck driven by Kopmann. Mrs. McCormick wants to bring a lawsuit with two claims:
   1) v. Huls for a violation of the Dram Shop Act (a statute imposing liability on a bar for injuries involving patrons who leave intoxicated)
   2) v. Kopmann for Negligence (in a state where the plaintiff must prove she was not contributorily negligent).

Thursday, January 12, 2017

For Wednesday (Section C)

Wednesday audio. Remember no class on Monday.

Review the remaining Complaints to see the structural breakdown and organization.

We then move to Joinder of Parties and Claims, where our focus will be on FRCP 18(a), 20(a), and 21 (although obviously read everything). What are the benefits and drawbacks to the sort of broad joinder created by these rules? What are the different rules for joinder of claims as opposed to parties?

Consider what role FRCP 18 and 20 are playing in each of our Complaints. Are the claims and parties in our Complaints all properly joined and why?

Consider the following additional hypos:

1) Imagine that Krista Millea has a products liability claim against Walmart over a defective appliance she purchased there. Can she bring that claim in this action?

2) Imagine Smith was in an accident on a different day on the NJ Turnpike with a truck driven by a Walmart driver. Could he join the lawsuit in Morgan?

3) Mr. McCormick was drinking one evening at a bar owned by Huls. While driving home from the bar, he is killed when he is in an collision with a truck driven by Kopmann. Mrs. McCormick wants to bring a lawsuit with two claims:
   1) v. Huls for a violation of the Dram Shop Act (a statute imposing liability on a bar for injuries involving patrons who leave intoxicated)
   2) v. Kopmann for Negligence (in a state where the plaintiff must prove she was not contributorily negligent).

Wednesday, January 11, 2017

Revised Syllabus (Both Sections)

I have posted a revised Syllabus (and at right). The original did not include revised page numbers reflecting the new edition of Leading Cases. My apologies for the confusion. Please discard the previous copy and download this for use throughout the semester.

For Friday-Section A

Wednesday audio. We are still meeting at 10:45 on Fridays.

Review the remaining Complaints; identify how many claims are in each, by whom, against whom, and for what legal right. Then examine the structure of each pleading in light of the requirements of FRCP 8 and 10--how does each comport with those rules and what decisions did the drafter make as to each? What is the purpose of a complaint, both from the standpoint of the judicial system and the plaintiff filing the complaint? How do each of these complaints reflect those purposes?

Then move to Pleading: Joinder of Parties and Claims. For Friday, focus on FRCP 18 and 20(a), then consider how those rules are in play in each of our pleadings and the way each plaintiff structured their case. Why the different treatment of joinder of parties compared with joinder of claims? Are the parties and claims properly joined in our cases?

Monday, January 9, 2017

For Wednesday--Section C

Monday audio. We will do the seating chart at the beginning of class. We will take a couple minutes at the beginning of class for questions on the syllabus and on grading.

We move to Pleading: Introduction to Pleading. Consider the concept of "transsubstantivity"--what does it mean (you can sound it out) and how does it apply to the FRCP?  Review all four complaints; understand the facts and law involved as well as how the case is structured in terms of parties involved and legal rights asserted. Note the structure and organization of the complaints in light of FRCP 10. What is the purpose of a complaint, both from the standpoint of the judicial system and the plaintiff filing the complaint? How do each of these complaints reflect those purposes?

Then move to Pleading: Joinder of Parties and Claims. Look at FRCP 18 and 20(a), then consider how those rules are in play in each of our pleadings.


For Wednesday-Section A

Monday audio. Very nice start to the semester; I like the high level of participation. Remember that name cards and the seating chart will be distributed on Wednesday.

We continue our Introduction to the class. Consider the second forms of jurisdiction--exclusive jurisdiction as opposed to concurrent jurisdiction. What is the difference? See § 1338. Review the Rules Enabling Act (§§ 2072-2074), along with the 2015 Annual Report, which provides an overview of the rulemaking process, and all the assigned Federal Rules.

We then move to Pleading: Introduction to Pleading. Review all four complaints; understand the facts and law involved as well as how the case is structured in terms of parties involved and legal rights asserted. Consider the concept of "transsubstantivity"--what does it mean (you can sound it out) and how does it apply to the FRCP?

Wednesday, November 30, 2016

Civil Procedure and Civil Procedure Blog

Welcome to Civil Procedure and the Civil Procedure Blog. This will be the primary means of communicating assignments, questions, comments, stories, and other information between class meetings.It also is a forum for you all to bring forward questions, comments, and other Civ-Pro-related stuff. The purposes and uses of the blog are discussed in the Syllabus.

To read the blog, go to http://fiucivpro.blogspot.com; posts can be read from most to least recent. To post to the blog, go to http://www.blogger.com; log-in with username and password.

Everyone must register as an author. To register, please send an email to me (howard.wasserman@fiu.edu). In the subject line, type "Civ Pro Registration;" in the body, be sure to include your name and your email address. You will receive an "Invitation" email, inviting you to register. Follow the steps listed. Please register under your full name (first and last); no handles or user names. When you register, you also will learn how to draft posts, provide links to sites, post files, etc.

Monday, November 28, 2016

Civil Procedure Overview

Welcome to Civil Procedure.

This short video was done by a graduate of Indiana-Indianapolis and is posted here with his permission. This provides a succinct overview of everything you are going to learn over the next 14 weeks. You may not understand any of this now. But I promise that when you rewatch it at the end of the semester, you will know and understand everything in it.

Also, you should begin to get a general sense of the structure of the two judicial systems with which we will deal this semester: the United States and Florida. This map shows the basic set-up of the federal judiciary: one Supreme Court of the United States, 12 regional Circuit Courts of Appeals, each consisting of multiple districts within states; 92 District (trial) Courts, each state having at least one district, many states with multiple districts, and no district crossing state lines. This site provides a good overview of the Florida judicial system of one Supreme Court of Florida, 5 District Courts of Appeals, 20 Circuit Courts (for larger trial matters), and County (Courts (for smaller trial matters).

Finally, I have assigned the two most recent Year-End Reports of the Federal Judiciary, written by Chief Justice Roberts, which offer a nice overview to what we will be dealing with. For the 2015 Year-End Report, focus on pp. 1-6 and 10-12; this introduces the federal judicial system and an explanation for the statutes and rules we'll be looking at. For the 2016 Year-End Report, read the whole thing; it offers a good overview on the work of federal district (trial-court) judges, which is where we will focus. Also look at the workload reports in the Appendix.

Enjoy. See you on January 9.

First Week Assignments and Course Materials-Spring 2017

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Welcome to Spring Semester and Civil Procedure.

The first meeting of Section A is 10:30 a.m., Monday, January 9. The first meeting of Section C is 7 p.m., Monday, January 9.

Prior to the first class, please download and review the Syllabus, Essay Information, and Optional Creative Project (also available from the right side of the blog (under Course Materials)). This provides important information about class structure, reading assignments, preparing for class, and assessment, as well as your main in-semester writing assignments. You should bring the Syllabus (particularly the list of assignments) with you to every class.

Changes to Class Schedule: Please note the following:

• No class on Monday, January 16
• Section A: No class on Friday, February 24 (to be made-up)
• Section C: No class on Monday, April 10 (to be made-up)

Name Cards:

At our first class meeting, there will be a stack of name cards on the table in the front of the classroom. Please find the card with your name on it and place it in front of you at your seat. You must keep that card and have it with you for every class. 

Technology and Class Conduct: 
 
Use of laptops, tablets, book readers, smart phones, and similar devices during class is prohibited.

You must be in class on time, unless I have previously given you permission to come late. You may not enter the room once class has begun, unless I have given you permission to come late. Once class has begun, you must remain in your seat, unless I have given you permission to leave during class. In all cases, permission will be freely given when appropriate.

Required Course Materials:

1) Linda S. Mullenix, Leading Cases In Civil Procedure (West 3d ed. 2016)
2) Joseph Glannon, The Glannon Guide to Civil Procedure (Wolters-Kluwer 3d ed. 2013)
3) Federal Rules Of Civil Procedure (2016 ed.) (Compiled By Kevin M. Clermont)
   Note: Yes, you must purchase and use the most recent version of the rules
4) Civil Procedure Blog: http://fiucivpro.blogspot.com (indicated in syllabus)

First Class Assignments: For the first class (from the Syllabus)

Introduction to Civil Procedure:                                                                       
   Provisions:
   U.S. Const. art. III
   U.S. Const. amend. V, XIV
   Fed. R. Civ. P. 1, 58, 60, 83
   28 U.S.C. §§ 1331-1332
   28 U.S.C. §§ 1291, 1254
   28 U.S.C. §§ 2071-2074

   Sample Pleadings:
   Naruto v. Slater (Complaint) (Blog)
   Godin v. School Union # 134 (Blog)
   Morgan v. Wal-Mart (Blog)
   Visions of America v. Boston Symphony Orchestra (Blog)

    Other Information to View for First Class: See other Blog Posts