WHERE WE ARE & WHAT WE’RE DOING Pleading Pre-trial Discovery Resolution without Trial Trial & Post-trial Appeal.

Slides:

Advertisements

Similar presentations

© Copyright, Briggs and Morgan, Professional Association, HOW TO PRESERVE EVIDENTIARY ERROR FOR APPEAL Diane B. Bratvold Briggs and Morgan, P.A.

Advertisements

CIVIL PROCEDURE CLASS 20 Professor Fischer Columbus School of Law The Catholic University of America October 30, 2001.

© 2007 Morrison & Foerster LLP All Rights Reserved Attorney Advertising The Global Law Firm for Israeli Companies Dispute Resolution in the United States.

The Process of Litigation. What is the first stage in a civil lawsuit ?  Service of Process (the summons)

(A Very Brief) Introduction to Civil Procedure Professor Pauline Kim August 23, 2012.

Chapter 3 Court Procedures Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. Jentz Miller Cross BUSINESS.

1 Agenda for 10th Class Admin –Handouts Extras to me ASAP –Name plates –Remember to put on the bottom of all writing assignments: "I have not consulted.

P A R T P A R T Foundations of American Law The Nature of Law The Resolution of Private Disputes Business and The Constitution Business Ethics, Corporate.

Pretrial Matters: Pleadings & Motions © Professor Mathis-Rutledge.

Introduction to Legal Process in the United States (1) Sources of law (2) Court system (3) Judicial process Alan R. Palmiter – Jan

Law and Motion. A Motion is an application to the court requesting some kind of relief or court order May be oral or written General types of motions.

Summary Judgment in Louisiana

Stephen J. Ware Professor of Law University of Kansas.

Summary Judgment– Meeting the BOP. If P does have to respond (under Celotex), what does P have to do? According to Rehnquist According to White.

WHERE WE ARE & WHAT WE’RE DOING

Some Controversial Propositions. Agree or Disagree? The availability of broad discovery significantly infringes on the parties’ liberty, privacy, and.

SJ MOTIONS The Paperwork The Caption & the Cause Number The court’s filing system The Record The only facts the judge considers What the lawyers provide.

Chapter 2 Judicial and Alternative Dispute Resolution

Motion for Summary Judgment The Keys to Success. How does this work?  Summary judgments are governed by Rule 166(a) of the Texas Rules of Civil Procedure.

What can I do in County Court by Judge Robert Ramirez.

EVIDENCE Some Basics Spring Overview The cases you read involve facts and law Most often appellate courts decide legal issues based on the facts.

1 Agenda for 8th Class Admin –Handouts –Name plates –No class next Friday, 9/26 Experts (continued) Sanctions –Phillips Introduction to Summary Judgment.

WHERE WE ARE & WHAT WE’RE DOING Pleading Pre-trial Discovery Resolution without Trial Trial & Post-trial Appeal.

Litigation Jody Blanke Professor of Computer Information Systems and Law.

BA 619 Legal Environment of Business Introduction to the Law Jody Blanke, Professor Computer Information Systems and Law.

Introduction to Legal Process in the United States

Chapter 4.  Litigation: The process of bringing, maintaining, and defending a lawsuit  Pretrial litigation process can be divided into:  Pleadings.

1 Agenda for 12th Class Admin –Handouts –Name plates –Writing groups on web –Welcome to Shakay Amirkhanyan prospective student Experts (continued) Sanctions.

FRAUD EXAMINATION ALBRECHT, ALBRECHT, & ALBRECHT Legal Follow-Up Chapter 18.

Mon. Nov. 26. Work Product “Privilege” A witness, X, who is friendly to the D was interviewed by P’s attorney and a statement was drawn up Is there any.

GUEST LECTURE-SJ MOTION Follow up Fed Ct SJ Motion – Stephenson v. USA Motion for Reconsideration Discovery issue Request for admission Admit didn’t inform.

Chapter Twelve Civil Procedure Before Trial. Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ.

HOUSING FRAUD AND THE LAW ROBERT DARBYSHIRE RICHARD PRICE 9 ST JOHN STREET.

American Judicial Procedure Judge Tom C. Rawlings Judge, Juvenile Courts Middle Judicial Circuit Sandersville, GA USA

CHAPTER 3: LITIGATION. Chapter 32 Learning Objectives: Basic Principles Relating to Litigation The Place of Litigation Pre-Trial Proceedings Trial Post-Trial.

Summary Judgment and Summary Adjudication LA 310.

1 Agenda for 11th Class Admin –Handouts Slides German Advantage –Name plates Summary Judgment in a Civil Action JMOL New Trial Introduction to Appeals.

1 Agenda for 10th Class Admin –Handouts Slides SJ in a Civil Action –Name plates –No office hours this week me for appointment Review of Discovery.

Tues. Nov. 27. terminating litigation before trial 2.

16.1 Activity, Video links, and Information

1 Agenda for 9th Class Admin –Handouts –Name plates Experts (continued) Sanctions –Phillips –A Civil Action Introduction to Summary Judgment.

CIVIL PROCEDURE CLASS 23 Professor Fischer Columbus School of Law The Catholic University of America October 18, 2002.

March 4, 2011 Civil Procedure.

WHERE WE ARE Complaint Answer 12(b) Motions Amended Pleadings Pre-Trial Trial & Post-Trial Appeal.

CIVIL PROCEDURE CLASS 22 Professor Fischer Columbus School of Law The Catholic University of America October 16, 2002.

BA 665 Computers and the Law Introduction to the Law Jody Blanke, Professor Computer Information Systems and Law.

1 Agenda for 14th Class Admin –Handouts Extras to me ASAP –Name plates –Next class is Tuesday –Welcome Brittany Wiser Emily Milder Review of Summary Judgment.

CIVIL PROCEDURE CLASS 26 Professor Fischer Columbus School of Law The Catholic University of America October 21, 2005.

CIVIL PROCEDURE CLASS 25 Professor Fischer Columbus School of Law The Catholic University of America October 22, 2003.

COMPLAINTS & ANSWERS Consistency in Pleading Complaints Pleading “in the alternative” permitted Alternative theories of recovery Answers Deny + Affirmative.

The Trial Civ Lit I: Unit 9. 2 Preparing for Trial.

1 Agenda for 8th Class Admin –Handouts –Name plates –Lunch Discovery –Experts –Sanctions.

CIVIL PROCEDURE FALL 2003 CLASS 3 (8/29/03) STAGES AND ESSENTIAL CONCEPTS OF A CIVIL ACTION Columbus School of Law The Catholic University of America Professor.

Resolution of Fraud FRAUD EXAMINATION ALBRECHT & ALBRECHT Legal Follow-Up Chapter 16.

Introduction to Legal Process in the United States (1) Sources of law (2) Court system (3) Judicial process.

Week Nine Seminar 1.  By the time that the pleadings have been settled, discovery has been completed, and motions have been resolved, everyone has a.

Chapter Twelve Civil Procedure Before Trial

CALIFORNIA CIVIL LITIGATION

Standard of Review & “Facts” on Appeal

Agenda for 11th Class Admin Handouts Slides German Advantage

SUMMARY JUDGMENT Overview

WHERE WE ARE & WHAT WE’RE DOING

Jody Blanke, Professor Computer Information Systems and Law

Agenda for 10th Class Admin Handouts Slides SJ in a Civil Action

Introduction to the Law

WHERE WE ARE & WHAT WE’RE DOING

Antitrust Law Fall 2016 NYU School of Law Dale Collins

Introduction to the Law

Agenda for 10th Class Admin Handouts Slides SJ in a Civil Action

Developing an Impartial and Appropriate Factual Record

Presentation transcript:

WHERE WE ARE & WHAT WE’RE DOING Pleading Pre-trial Discovery Resolution without Trial Trial & Post-trial Appeal

SUMMARY JUDGMENT Overview SJ Basics What it is – Cf. 12(b)(6) Standard for obtaining - FR 56(c) No genuine issue as to any material fact (GIMF) Entitled to judgment as a matter of law Procedure Motion Facts Affidavits (Declarations) Discovery Responses Law

SUMMARY JUDGMENT Overview SJ Issues Burdens of production/proof Credibility Issues Affidavits/Declarations Substance Form (e.g. sworn/unsworn)

SUMMARY JUDGMENT Practice Skills: Elements Chart Elements Factual Propositions Proof FR 56(c) req’ts

SUMMARY JUDGMENT Celotex Corp. v. Catrett, p. 630 Charting the claim Elements (pl’s allegations) Factual propositions? What’s at issue?

SUMMARY JUDGMENT Celotex Corp. v. Catrett, p. 630 SJ Motion How did Celotex try to show no GIMF?

SUMMARY JUDGMENT Celotex Corp. v. Catrett, p. 635 Burden of prod./proof Note 4 Celotex motion No medically qualified expert re: causation Catrett response – affidavit of pathologist Catrett motion Affidavit of pathologist tissue samples “consistent with” death by asbestosis Celotex response – no affidavit contradicts

SUMMARY JUDGMENT Celotex Corp. v. Catrett, p. 630 Substance of Affidavits What is sufficient to show GIMF? Letter from supervisor “I can testify that at time w/in s/l Mr. C was exposed to Celotex asbestos in D.C” Letter from supervisor “I can tell you which asbestos we used in the factory when Mr. C. worked there”

SUMMARY JUDGMENT Celotex Corp. v. Catrett, p. 630 Form of Affidavits, FR 56(e) Letter from supervisor proper evidence? p. 631, 13 lines down p. 636, note 5a What should C’s lawyer have done?