Monday audio--Part I, Part II.
We continue with Young and the slightly different approach the Court took to the burden-shifting framework in an accommodation case. What evidence was there on each of the points in the framework? We then have a few wrap-up points on summary judgment, looking at the 7th Amendment and FRCP 56(f) and (g). What happens if summary judgment is granted in full? What if denied or granted only in part?
We then shift our attention to questions of forum-selection--where a
case will be heard. This will also give content and detail to some rules
that we already have discussed, such as 12(b)(1)-(3)--we now will
discuss the legal rules that govern such motions and such issues.
We start with Subject Matter Jurisdiction. Prepare Overview of Federal Jurisdiction, looking at the jurisdictional allegations in our sample pleadings. Then move to Diversity Jurisdiction. Consider:
• What are the purposes of diversity jurisdiction?
• What is the difference between complete diversity and minimal
diversity? What is required by § 1332? What is required by Article III?
And why does it make a difference?
• What are the policy reasons for requiring complete rather than minimal diversity? What are the problems with that argument?
• Where was Mrs. Mas from and why? What is the difference between complete and minimal diversity?
• How are entities treated for diversity purposes?
• What is the policy behind the exception clause in § 1332(a)(2)?
• Review the allegations of diversity jurisdiction in Wal Mart and VOA Was diversity jurisdiction alleged correctly? Why or why not?