PA110 Civil Litigation I Unit 8 Seminar Instructor: Brian Craig

Graded Items in Unit 8 Unit 8 Seminar (5 points) Discussion (20 points) Quiz (20 points) Assignment (60 points) Deadline: 11:59 PM ET, Tuesday, November 13

Graded Items in Unit 9 Seminar (5 points) Discussion (20 points) Unit 9 Assignment (60 points) – Ethical Question Final Exam (100 points) Deadline: 11:59 PM ET, Tuesday, November 20

Final Exam in Unit 9 Deadline: 11:59 PM ET, Tuesday, November questions (5 points for each question) – total 100 points true/false and multiple choice questions Cumulative (based on units 1-9) 2 hour time limit Only 1 attempt Click “save” often

Unit 10 Unit 10: No Seminar Discussion (not graded; reflection) Term ends: 11:59 PM ET, Tuesday, November 27

Pre-Trial Motions What is a motion? A request to the court. Examples: Motion to Compel Motion for Default Judgment Motion to Dismiss Motion for Summary Judgment

Motion to Compel A party’s request that the court force the party’s opponent to respond to the party’s discovery request (as to answer interrogatories or produce documents) Consequences for discovery abuse

Motion for Default Judgment Default Judgment: A judgment entered against a defendant who has failed to plead or otherwise defend against the plaintiff's claim. Defendant fails to file an answer and/or appear

Example of Default Judgment In October 2009, a Wisconsin court entered a default judgment against PepsiCo for $1.26 billion involving Aquafina bottled water

Motion to Dismiss A request that the court dismiss the case because of settlement, voluntary withdrawal, under Rule 12(b) or a procedural defect. Common grounds: lack of personal or subject-matter jurisdiction improper venue insufficiency of process plaintiff's failure to state a claim on which relief can be granted (e.g. no damages stated in complaint; statute of limitations has passed)

Motion for Summary Judgment A request that the court enter judgment without a trial because there is no genuine issue of material fact to be decided by a fact-finder (jury or judge)

Dispositive Motions Motion to dismiss and motion for summary judgment both dispositive motions (final determination of an issue) Motion for Summary Judgment under Rule 56: Court considers documents outside pleadings (e.g. discovery documents, affidavits, exhibits) Motion to Dismiss under Rule 12(b)(6): Court looks only at the pleadings (complaint and answer)

Forms of ADR Negotiation/Settlement Mediation Arbitration

Alternative Dispute Resolution (ADR) Advantages: Save time Save expense Results confidential Jury not involved Disadvantages: No right to jury or “day in court” No guaranteed resolution/enforcement Parties may not participate

Simulated Settlement For this seminar, half the class will represent Justin King, and the other half will represent one of the defendants. First letter of last name A-M: Justin King First letter of last name: N-Z: Anheuser-Busch The instructor will act as the mediator and offer possible solutions based on the best argument(s) made during the Seminar.