Friday audio--Section A, Section B. I will post essay assignments by the beginning of next week. I do need to see wider participation in class. You know about most of the questions and problems to be analyzed before class; so everyone should be prepared and ready to participate.
We will finish Joinder; prep the remaining rules and reading. Take your own time to analyze whether Walmart and Walmart Transport are properly joined as defendants.
• Review FRCP 8(d)(2) and (3). Begin with ¶¶ 68-74 of VOA. Why is it there? Are ¶¶ 68-74 necessary? What is the arguably inconsistency and how do the rules handle it?
• How do FRCP 19, 24, and preclusion (discussed in the Glannon reading) limit the usual permissiveness of FRCP 18 and 20(a)? How is consolidation different than joinder?
• What is the difference between issue preclusion and claim preclusion? How does each affect later litigation?
• Consider:
• Wood used to work for Zambelli; he left to work for Pyrotechnico, a rival of Zambelli. Zambelli sues Wood to enforce a non-compete agreement and for a court order prohibiting Wood from working for Pyro. Looking at FRCP 19(a), must Pyro be included in this action? What if Pyro wants to be included?
• Ethlyn Hall, an elderly woman, died; she left behind two adult children, Elisa and Sam, and makes Elisa the executrix of her estate. The Estate wants to bring a claim against Sam for conversation, alleging Sam took some of Ethlyn's property for his own use. Sam wants to bring a claim against Elisa for interfering with his relationship with their mother. How can these claims be litigated together or near to one another?
• Consider:
• Naruto sues Slater only; the court decides that non-human animals do not enjoy copyrights. What happens if Naruto files a new lawsuit against Blurb?
• Godin sues Metta for defamation; the court decides Godin abused the students and she loses her defamation suit. What happens when Godin files a new lawsuit for breach of contract against the Board?
• VOA sues BSO for breach of contract and loses. It then brings a claim for copyright infringement; what should happen with this claim? Does your answer change if VOA brought the breach claim in state court?
• Godin sues the Board for breach of contract and loses. She then sues Nicely for defamation; what should happen with this claim?
We then begin Responding to a Pleading: Motions. Review FRCP 3, 4 (the provisions listed on the syllabus), 5, 7, and 12(a) and (b).
• What is the difference between filing and serving something? What is the process for serving a complaint? What is the legal effect of service?
• How can a defendant respond to a pleading?
