Civil Procedure

Front Matter
	Editorial Advisors
	Title Page
	Copyright Page
	About Wolters Kluwer Legal & Regulatory U.S.
	Dedication
	Summary of Contents
	Contents
	Preface
	Acknowledgments
1. An Overview of Procedure
	A. The Idea and the Practice of Procedure
		1. Locating Procedure
		2. Clients, Lawyers, Procedure, and Strategy
	B. Where Can the Suit Be Brought?
		1. Personal Jurisdiction
		2. Subject Matter Jurisdiction
			Hawkins v. Masters Farms, Inc.
			Notes and Problems
		3. Service of Process
	C. Stating the Case
		1. The Lawyer’s Responsibility
			Bridges v. Diesel Service, Inc.
			Notes and Problems
			Note: Reading the Rules—Process and Politics
		2. The Complaint
			Bell v. Novick Transfer Co.
			Notes and Problems
		3. The Response—Motions and Answer
			a. Pre-Answer Motions
				Notes and Problems
			b. The Answer
				Notes and Problems
		4. Amendment of Pleadings
	D. Parties to the Lawsuit
		Fisher v. Ciba Specialty Chemicals Corp.
		Notes and Problems
	E. Factual Development—Discovery
		Gorson v. T.G.R. Logistics, Inc.
		Notes and Problems
	F. Pretrial Disposition—Summary Judgment
		Houchens v. American Home Assurance Co.
		Notes and Problems
	G. Trial
		Norton v. Snapper Power Equipment
		Notes and Problems
	H. Former Adjudication
		Ison v. Thomas
		Notes and Problems
	I. Appeals
		Reise v. Board of Regents of the University of Wisconsin
		Notes and Problems
		Note on Appellate Structure and Jurisdiction
		Note: Civil Procedure in Your Substantive Courses
		Assessment Questions—And a Word About Using These Questions
		Analysis of Assessment Questions
PART I: THE CONSTITUTIONAL FRAMEWORK FOR U.S. LITIGATION
	A. Approaching Civil Procedure
	B. Constitutional Limits in Litigation
		1. The Idea of Jurisdiction
		2. Jurisdiction and the Constitution
		3. The Constitution and Choice of Law
	2. Personal Jurisdiction
		A. The Origins
			Pennoyer v. Neff
			Notes and Problems
		B. The Modern Constitutional Formulation of Power
			1. Redefining Constitutional Power
				International Shoe Co. v. Washington
				Notes and Problems
				McGee v. International Life Insurance Co.
				Hanson v. Denckla
				Notes and Problems
			2. Absorbing In Rem Jurisdiction
				Shaffer v. Heitner
				Notes and Problems
			3. Specific Jurisdiction: The Modern Cases
				World-Wide Volkswagen Corp. v. Woodson
				Notes and Problems
				J. McIntyre Machinery, Ltd. v. Nicastro
				Notes and Problems
				Abdouch v. Lopez
				Notes and Problems
			4. General Jurisdiction
				Goodyear Dunlop Tires Operations, S.A. v. Brown
				Notes and Problems
				Daimler AG v. Bauman
				Notes and Problems
				Bristol-Meyers Squibb Co. v. Superior Court
				Notes and Problems
				Burnham v. Superior Court
				Notes and Problems
				Note on the Mechanics of Jurisdiction: Challenge and Waiver
				Notes and Problems
			C. Consent as a Substitute for Power
				Carnival Cruise Lines, Inc. v. Shute
				Notes and Problems
			D. Notice
				1. The Constitutional Requirements
					Mullane v. Central Hanover Bank & Trust Co.
					Notes and Problems
				2. Beyond the Constitutional Requirements: The Mechanics of Notice and Service
			E. Self-Imposed Restraints on Jurisdictional Power: Long-Arm Statutes, Venue, and Discretionary Refusal of Jurisdiction
				1. Long-Arm Statutes as a Restraint on Jurisdiction
					Gibbons v. Brown
					Notes and Problems
				2. Venue as a Further Localizing Principle
					Notes and Problems
					Thompson v. Greyhound Lines, Inc.
					Notes and Problems
				3. Declining Jurisdiction: Transfer and Forum Non Conveniens
					Piper Aircraft v. Reyno
					Notes and Problems
					Atlantic Marine Construction Co. v. United States District Court
					Notes and Problems
					Assessment Questions
					Analysis of Assessment Questions
	3. Subject Matter Jurisdiction of the Federal Courts
		A. The Idea and the Structure of Subject Matter Jurisdiction
		B. Federal Question Jurisdiction
			Louisville & Nashville Railroad v. Mottley
			Notes and Problems
		C. Diversity Jurisdiction
			Redner v. Sanders
			Notes and Problems
			Hertz Corp. v. Friend
			Notes and Problems
			Note: Amount in Controversy
		D. Supplemental Jurisdiction
			Notes and Problems
			In re Ameriquest Mortgage Co. Mortgage Lending Practices Litigation
			Szendrey-Ramos v. First Bancorp
			Notes and Problems
		E. Removal
			Notes and Problems
			Caterpillar, Inc. v. Lewis
			Notes and Problems
			Assessment Questions
			Analysis of Assessment Questions
	4. State Law in Federal Courts: Erie and Its Entailments
		A. State Courts as Lawmakers in a Federal System
			1. The Issue in Historical Context
			2. Constitutionalizing the Issue
				Erie Railroad v. Tompkins
				Notes and Problems
			B. The Limits of State Power in Federal Courts
				1. Interpreting the Constitutional Command of Erie
					Guaranty Trust Co. v. York
					Notes and Problems
					Byrd v. Blue Ridge Rural Electric Cooperative
					Notes and Problems
				2. De-constitutionalizing Erie
					Hanna v. Plumer
					Notes and Problems
				3. Determining the Scope of Federal Law: Avoiding and Accommodating Erie
					Note: Interpreting State Law: An Entailment of Erie
					Assessment Questions
					Analysis of Assessment Questions
PART II: THE PROCESS OF LITIGATION
	A. Approaching Civil Procedure
	B. Choosing Procedure
	C. A Roadmap for Exploring Choices
	5. Incentives to Litigate
		A. Litigation in the United States at the Start of the Twenty-First Century
			Notes and Problems
		B. Reasons to Litigate: Dollars, Orders, and Declarations
			1. Damages
				Troupe v. C & S Wholesale Grocers, Inc.
				Notes and Problems
				a. Damage Amounts: Ceilings and Floors
				b. Categorizing Damages
					Notes and Problems
			2. Specific Relief
				Lucy Webb Hayes Natl. Training School v. Geoghegan
				Notes and Problems
			3. Declaratory Relief
				Notes and Problems
			4. Temporary Remedies
				a. Preliminary Injunctions and Temporary Restraining Orders: The Basic Problem
					Winter v. Natural Resources Defense Council, Inc.
					Notes and Problems
				b. Provisional Remedies and Due Process
					Fuentes v. Shevin
					Notes and Problems
		C. Financing Litigation
			1. The “American” and “English” Rules About Attorneys’ Fees
				Notes and Problems
			2. Insurance, the Contingent Fee, and Alternative Litigation Finance
				a. Insurance
					Notes and Problems
				b. The Contingent Fee
					Notes and Problems
				c. Alternative Litigation Finance
					Notes and Problems
			3. Public Subsidies and Professional Charity
				Notes and Problems
			4. From Fee Spreading to Fee Shifting
				a. The Common Fund
					Notes and Problems
				b. By Contract
				c. By Common Law
				d. By Statute
					Notes and Problems
					Problem: How to Lose by Winning
					Notes and Problems
					Buckhannon Board and Care Home, Inc. v. West Virginia Department of Health and Human Resources
					Notes and Problems
					Assessment Questions
					Analysis of Assessment Questions
	6. Pleading
		A. The Story of Pleading
			1. Of Stories and Jurisdiction
				Notes and Problems
			2. Plaintiff’s Story, Defendant’s Story
			3. One Function of Pleading: Establishing the Law
				Notes and Problems
				Haddle v. Garrison (S.D. Ga. 1996)
				Notes and Problems
				Haddle v. Garrison (11th Cir. 1997)
				Notes and Problems
				Haddle v. Garrison (525 U.S. 121 (1998))
				Notes and Problems
			4. Another Function of Pleading: Sorting Strong from Weak Cases?
				a. The “Ordinary” Case: How Much Detail in a Complaint?
					Notes and Problems
					Ashcroft v. Iqbal
					Notes and Problems
				b. Special Cases: Requiring and Forbidding Specificity in Pleading
					Stradford v. Zurich Insurance Co.
					Notes and Problems
			5. Allocating the Elements of a Claim
				Jones v. Bock
				Notes and Problems
		B. Ethical Limitations in Pleading—and in Litigation Generally
			Notes and Problems
			Walker v. Norwest Corp.
			Notes and Problems
			Christian v. Mattel, Inc.
			Notes and Problems
		C. Responding to the Complaint
			1. Default
			2. The Pre-Answer Motion (and a Close Post-Answer Relative)
				Notes and Problems
				Notes and Problems
				Notes and Problems
			3. Answer
				a. Denials
					Zielinski v. Philadelphia Piers, Inc.
					Notes and Problems
				b. Affirmative Defenses
					Notes and Problems
			4. Reply
				Notes and Problems
			5. Amendments
				Notes and Problems
				a. The Basic Problem: Prejudice
					Beeck v. Aquaslide ‘N’ Dive Corp.
					Notes and Problems
				b. Statutes of Limitations and Relation Back
					Moore v. Baker
					Bonerb v. Richard J. Caron Foundation
					Notes and Problems
					Assessment Questions
					Analysis of Assessment Questions
	7. Discovery
		A. Modern Discovery
			1. Discovery Before Discovery: Obligations and Spoliation
				Zubulake v. UBS Warburg LLP
				Notes and Problems
			2. Getting the Story Straight: Crafting a Discovery Plan
		B. The Tools of Discovery
			1. Required Disclosures—First Round
				Notes and Problems
			2. Documents, Things, Land, and Bytes: Requests for Production (Rules 34 and 45)
				Notes and Problems
			3. Asking Questions in Writing, Seeking Admissions: Interrogatories and Admissions (Rules 33 and 36)
				Notes and Problems
			4. Asking Questions in Person: Depositions (Rule 30) and Physical and Mental Evaluations (Rule 35)
				Notes and Problems
			5. Pretrial Witness Lists and the Pretrial Order
				David and Goliath Do Discovery: A Taxonomy of Problems
		C. The Scope of Discovery
			1. Relevance
				Favale v. Roman Catholic Diocese of Bridgeport
				Notes and Problems
			2. Proportionality, Burden, and Privacy
				Cerrato v. Nutribullet, LLC
				Wagoner v. Lewis Gale Medical Center, LLC
				Rengifo v. Erevos Enterprises, Inc.
				Notes and Problems
			3. Privilege
				Notes and Problems
			4. Trial Preparation Material
				Hickman v. Taylor
				Notes and Problems
		D. Experts
			Notes and Problems
			Thompson v. The Haskell Co.
			Chiquita International Ltd. v. M/ V Bolero Reefer
			Notes and Problems
		E. Ensuring Compliance and Controlling Abuse of Discovery
			1. Types of Discovery Disputes
			2. Ensuring Compliance
				Notes and Problems
			3. Remedies: Management and Sanctions
				Mueller v. Swift
				Notes and Problems
				Security National Bank of Sioux City v. Abbott Laboratories
				Notes and Problems
				Assessment Questions
				Analysis of Assessment Questions
	8. Resolution Without Trial
		A. The Pressure to Choose Adjudication or an Alternative
			1. Default and Default Judgments
				Peralta v. Heights Medical Center
				Notes and Problems
			2. Scheduling Orders and Failure to Prosecute: Involuntary Dismissal
			3. Voluntary Dismissal
				Notes and Problems
		B. Avoiding Adjudication
			1. Negotiation and Settlement: Why Settle? And How?
				Jane Smart v. GrowCo, Inc.
				a. Contracting to Dismiss
					Notes and Problems
				b. Third-Party Participation in Settlement: Facilitation, Encouragement, and Coercion
					Notes and Problems
				c. Contracting for Confidentiality
					Notes and Problems
					Kalinauskas v. Wong
					Notes and Problems
			2. Contracting for Private Adjudication: Arbitration and Its Variants
				a. The Idea and Practice of Arbitration
				b. Federalism and Arbitration: Herein of Preemption
					Ferguson v. Countrywide Credit Industries, Inc.
					Notes and Problems
					Epic Systems v. Lewis
					Notes and Problems
		C. Adjudication Without Trial: Summary Judgment
			Notes and Problems
			1. Summary Judgment in Action: The Burdens on the Moving and Nonmoving Parties
				Celotex Corp. v. Catrett
				Notes and Problems
			2. Summary Judgment in Action: How Courts Should Assess the Evidence
				Tolan v. Cotton
				Notes and Problems
				Bias v. Advantage International, Inc.
				Notes and Problems
				Assessment Questions
				Analysis of Assessment Questions
	9. The Trier and the Trial
		A. Choosing and Challenging Judges
			Notes and Problems
			Caperton v. A.T. Massey Coal Co.
			Notes and Problems
		B. Sharing Power with a Jury
			1. When May a Jury Decide?
				Notes and Problems
			2. Choosing Jurors
			3. Challenging Jurors
				Notes and Problems
		C. What Will Trial Be About? The Final Pretrial Conference and Order
			Monfore v. Phillips
			Notes and Problems
		D. Judges Guiding Juries
			1. Instruction and Comment
			2. Excluding Improper Influences
			3. Size and Decision Rules
		E. Judges Controlling Juries: Judgment as a Matter of Law
			Notes and Problems
			1. Judgment as a Matter of Law in Action: How Courts Should Assess the Evidence
				Pennsylvania Railroad v. Chamberlain
				Notes and Problems
			2. Judgment as Matter of Law in Action: Judgments and Renewed Judgments
				Notes and Problems
				Unitherm Food Systems, Inc. v. Swift-Eckrich, Inc.
				Notes and Problems
		F. Judges Undoing Verdicts: The New Trial
			1. The Justifications for New Trials
				a. Flawed Procedures
				b. Flawed Verdicts
					Lind v. Schenley Industries
					Notes and Problems
			2. Conditional New Trials
				a. New Trial Limited to Damages
				b. Remittitur and Additur
		G. The Limits of Judicial Power: The Reexamination Clause and the Jury as a Black Box
			Peterson v. Wilson
			Notes and Problems
			Assessment Questions
			Analysis of Assessment Questions
	10. Appeal
		A. Who Can Appeal?
			1. A Losing Party: Adversity
				Notes and Problems
				Aetna Casualty & Surety Co. v. Cunningham
				Notes and Problems
			2. Who Raised the Issue Below: Of Waivers and Sandbags
				Notes and Problems
			3. Who Was Not Deterred from Appealing
		B. When a Decision May Be Reviewed: “Finality”
			1. The Final Judgment Rule
				a. Appellate Jurisdiction and the Final Judgment Rule
					Liberty Mutual Insurance Co. v. Wetzel
					Notes and Problems
				b. Defining the Moment of Judgment
					Notes and Problems
			2. Exceptions to the Final Judgment Rule
				a. Practical Finality
					Lauro Lines s.r.l. v. Chasser
					Notes and Problems
				b. Injunctions
					Notes and Problems
				c. Interlocutory Appeals
				d. Mandamus
					Notes and Problems
		C. Scope of Review
			1. Law and Fact
				Anderson v. Bessemer City
				Notes and Problems
			2. Harmless Error
				Van Zee v. Hanson
				Notes and Problems
				Assessment Questions
				Analysis of Assessment Questions
	11. Respect for Judgments
		A. Claim Preclusion
			1. Precluding the “Same” Claim
				a. Efficiency
					Frier v. City of Vandalia
					Notes and Problems
					Semtek Intl. Inc. v. Lockheed Martin Corp.
					Notes and Problems
				b. Consistency—The Logical Implications of the Former Judgment
					Notes and Problems
			2. Between the “Same” Parties
				Taylor v. Sturgell
				Notes and Problems
			3. After a Final Judgment
			4. After a Judgment “on the Merits”
				Notes and Problems
				Gargallo v. Merrill Lynch, Pierce, Fenner & Smith
				Notes and Problems
		B. Issue Preclusion
			1. The Same Issue
				Notes and Problems
			2. An Issue “Actually Litigated and Determined”
				Illinois Central Gulf Railroad v. Parks
				Notes and Problems
			3. An Issue “Essential to the Judgment”
				Notes and Problems
			4. Between Which Parties?
				Parklane Hosiery Co. v. Shore
				Notes and Problems
		C. The Boundaries of Preclusion
			1. Claim Preclusion
			2. Issue Preclusion
		D. Repose: Collateral Attack and Reopened Judgments
			1. Full Faith and Credit as a Bar to Collateral Attack
				V.L. v. E.L.
				Notes and Problems
			2. The Reopened Judgment as an Alternative to Collateral Attack
				United States v. Beggerly
				Notes and Problems
				Assessment Questions
				Analysis of Assessment Questions
PART III: PROBING THE BOUNDARIES: ADDITIONAL CLAIMS AND PARTIES
	12. Joinder
		A. Joinder of Claims
			1. Joinder of Claims by Plaintiff
				a. Historical Background
				b. The Federal Rules
				c. Joinder and Jurisdiction
					Notes and Problems
			2. Claims by the Defendant: Counterclaims and Crossclaims
				Cordero v. Voltaire, LLC
				Notes and Problems
		B. Joinder of Parties
			1. By Plaintiffs
				Mosley v. General Motors Corp.
				Notes and Problems
			2. By Defendants: Third-Party Claims
				Price v. CTB, Inc.
				Notes and Problems
			3. Compulsory Joinder
				Temple v. Synthes Corp.
				Notes and Problems
				Helzberg’s Diamond Shops v. Valley West Des Moines Shopping Center
				Notes and Problems
		C. Intervention
			Natural Resources Defense Council v. United States Nuclear Regulatory Commission
			Notes and Problems
			Martin v. Wilks
			Notes and Problems
		D. Interpleader
			Southern Farm Bureau Life Ins. Co. v. Davis
			Notes and Problems
		E. Class Actions
			1. Introduction
			2. The Class Action and the Constitution
				a. Representative Adequacy
					Hansberry v. Lee
					Notes and Problems
				b. Personal Jurisdiction
					Phillips Petroleum v. Shutts
					Notes and Problems
			3. The Class Action and Federalism
				Standard Fire Ins. Co. v. Knowles
				Notes and Problems
			4. Statutory Requirements
				Notes and Problems
				Wal-Mart Stores, Inc. v. Dukes
				Notes and Problems
			5. Settlement of Class Actions and the “Settlement Class”
				Notes and Problems
				a. Fees
					Notes and Problems
				b. Damages and Injunctive Relief
				c. Settlement and Dismissal
					Amchem Products, Inc. v. Windsor
					Notes and Problems
					Assessment Questions
					Analysis of Assessment Questions
Table of Cases
Table of Citations to the Judicial Code (28 U.S.C.)
Table of Citations to the Federal Rules of Civil Procedure
Table of Authorities
Index