Friday audio. Make-up session (the first of three) at 11 a.m. Saturday in RDB 2008.
We finish on Discovery, looking at the available sanctions under FRCP 37. What is the purpose of sanctions for discovery violations and how does that affect the choice of sanctions. Prepare the Coca-Cola hypothetical, thinking about how the dispute over that piece of evidence will play out procedurally and the arguments from both sides. Be ready to work through the entire dispute, start to finish.
We then turn to Summary Judgment: Standards and Procedures. For Adickes, read only the Intro and Part I of Justice Harlan's opinion. For Scott,
be sure to watch the video, available from the Supreme Court web site
(the link is on the blog). Break out the elements of FRCP 56, in
connection with Celotex and Scott (note that the text,
division, and numbering of FRCP 56 has changed since both cases, but the
general principles remain the same).
Can you reconcile Celotex and Adickes in terms of what is
demanded of each party on summary judgment? Break down the language of
FRCP 56(a)--what does it mean and how does it work? Look-up and think
about the concepts of Burden or Persuasion and Burden of Production;
think about how they work at trial and on summary judgment.