1. Mon., Nov. 11

2. 13(a) – compulsory counterclaim 13(b) – permissive counterclaim 13(g) – crossclaim 13(h) – joinder of parties to crossclaims and counterclaims 14(a)(1) – impleader 14(a)(2)(D) & 14(a)(3) – “triangular” actions 18(a) – joinder of causes of actions 19 – necessary parties 20 – permissive joinder of plaintiffs/defendants 24 - intervention

3. Supplemental Jurisdiction

4. U. S. Const. Article III. Section. 2
U.S. Const. Article III. Section. 2.  The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;--between a State and Citizens of another State;--between Citizens of different States,--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

5. Finley v. United States (US 1989) Aldinger v. Howard (US 1976)

6. 28 U.S.C. § 1367. - Supplemental jurisdiction

7. (a) Except as provided in subsections (b) and (c) or as expressly provided otherwise by Federal statute, in any civil action of which the district courts have original jurisdiction, the district courts shall have supplemental jurisdiction over all other claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy under Article III of the United States Constitution. Such supplemental jurisdiction shall include claims that involve the joinder or intervention of additional parties.

8. (b) In any civil action of which the district courts have original jurisdiction founded solely on section 1332 of this title, the district courts shall not have supplemental jurisdiction under subsection (a) over claims by plaintiffs against persons made parties under Rule 14, 19, 20, or 24 of the Federal Rules of Civil Procedure, or over claims by persons proposed to be joined as plaintiffs under Rule 19 of such rules, or seeking to intervene as plaintiffs under Rule 24 of such rules, when exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332.

9. (c) The district courts may decline to exercise supplemental jurisdiction over a claim under subsection (a) if - (1) the claim raises a novel or complex issue of State law, (2) the claim substantially predominates over the claim or claims over which the district court has original jurisdiction, (3) the district court has dismissed all claims over which it has original jurisdiction, or (4) in exceptional circumstances, there are other compelling reasons for declining jurisdiction.

10. A (Cal.) sues E (Nev.) (B’s employer) under state law for a battery committed by B (Cal.) - E impleads B - B then brings a suit against A on the harm done to B in their fight - A impleads his insurer (Cal.)

11. over claims by plaintiffs against persons made parties under Rule 14, 19, 20, or 24 of the Federal Rules of Civil Procedure, or over claims by persons proposed to be joined as plaintiffs under Rule 19 of such rules, or seeking to intervene as plaintiffs under Rule 24 of such rules,
I (Cal.)
A(Cal.) E(Nev.) B(Cal.)

12. P (NY) sues D1 (NJ) for state law battery asking $100k and D2 (NJ) asking $25K. P(NY) $100k $25k D1(NJ) D2(NJ) over claims by plaintiffs against persons made parties under Rule 14, 19, 20, or 24 of the Federal Rules of Civil Procedure, or over claims by persons proposed to be joined as plaintiffs under Rule 19 of such rules, or seeking to intervene as plaintiffs under Rule 24 of such rules,

13. P1 (NY) sues D (NJ) under state law battery for $100k and joins with P2 (NY) who sues D for $25K. P1(NY) P2(NY) $100k $25k D(NJ) over claims by plaintiffs against persons made parties under Rule 14, 19, 20, or 24 of the Federal Rules of Civil Procedure, or over claims by persons proposed to be joined as plaintiffs under Rule 19 of such rules, or seeking to intervene as plaintiffs under Rule 24 of such rules,

14. Exxon Corp. v. Allapattah (U.S. 2005)

15. P1(NY) sues D (NJ) for $100k and joins with P2 (NJ) who sues D for $100K P1(NY) P2(NJ) $100k $100k D(NJ)

16. 1367(d) The period of limitations for any claim asserted under subsection (a), and for any other claim in the same action that is voluntarily dismissed at the same time as or after the dismissal of the claim under subsection (a), shall be tolled while the claim is pending and for a period of 30 days after it is dismissed unless State law provides for a longer tolling period.

17. P(Cal) sues D(Cal) in state court in Cal under 42 U. S. C
P(Cal) sues D(Cal) in state court in Cal under 42 U.S.C. ' 1983 for violations of his civil rights. Joined to the action is an unrelated state law breach of contract action against D. May D successfully remove? P(Cal) federal state civil rights contract D(Cal)

18. 28 U.S.C. § Actions removable generally (c) Joinder of Federal law claims and State law claims.--(1) If a civil action includes— (A) a claim arising under the Constitution, laws, or treaties of the United States (within the meaning of section 1331 of this title), and (B) a claim not within the original or supplemental jurisdiction of the district court or a claim that has been made nonremovable by statute, the entire action may be removed if the action would be removable without the inclusion of the claim described in subparagraph (B). (2) Upon removal of an action described in paragraph (1), the district court shall sever from the action all claims described in paragraph (1)(B) and shall remand the severed claims to the State court from which the action was removed….

19. Discovery & Disclosure

20. Disclosure FRCP 26(a)(1)

21. Used to be: obligation to disclose all witnesses “likely to have discoverable information relevant to disputed facts alleged with particularity in the pleadings” and all documents and tangible things “in possession custody or control of party that are relevant to disputed facts alleged with particularity in the pleadings”

22. R 26(a)(1)(A)(i) “the name and, if known, the address and telephone number of each individual likely to have discoverable information — along with the subjects of that information — that the disclosing party may use to support its claims or defenses, unless the use would be solely for impeachment”

23. (ii) a copy—or a description by category and location—of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses, unless the use would be solely for impeachment;

24. Perry Mason brings a surprise witness on the stand during trial. OK?

25. R 26(a)(3) Pretrial Disclosures. (A) In General
R 26(a)(3) Pretrial Disclosures. (A) In General. In addition to the disclosures required by Rule 26(a)(1) and (2), a party must provide to the other parties and promptly file the following information about the evidence that it may present at trial other than solely for impeachment: (i) the name and, if not previously provided, the address and telephone number of each witness — separately identifying those the party expects to present and those it may call if the need arises; (ii) the designation of those witnesses whose testimony the party expects to present by deposition and, if not taken stenographically, a transcript of the pertinent parts of the deposition; and (iii) an identification of each document or other exhibit, including summaries of other evidence — separately identifying those items the party expects to offer and those it may offer if the need arises. (B) Time for Pretrial Disclosures; Objections. Unless the court orders otherwise, these disclosures must be made at least 30 days before trial. Within 14 days after they are made, unless the court sets a different time, a party may serve and promptly file a list of the following objections: any objections to the use under Rule 32(a) of a deposition designated by another party under Rule 26(a)(3)(A)(ii); and any objection, together with the grounds for it, that may be made to the admissibility of materials identified under Rule 26(a)(3)(A)(iii). An objection not so made — except for one under Federal Rule of Evidence 402 or 403 — is waived unless excused by the court for good cause.

26. disclosure concerning experts Fed. R. Civ. P. 26(a)(2)

27. discovery

28. scope of discovery

29. 26(b)(1): Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party’s claim or defense — including the existence, description, nature, custody, condition, and location of any documents or other tangible things and the identity and location of persons who know of any discoverable matter. For good cause, the court may order discovery of any matter relevant to the subject matter involved in the action. Relevant information need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence. 

30. 26(b)(2)(C) When Required
26(b)(2)(C) When Required.  On motion or on its own, the court must limit the frequency or extent of discovery otherwise allowed by these rules or by local rule if it determines that:             (i) the discovery sought is unreasonably cumulative or duplicative, or can be obtained from some other source that is more convenient, less burdensome, or less expensive;             (ii) the party seeking discovery has had ample opportunity to obtain the information by discovery in the action; or             (iii) the burden or expense of the proposed discovery outweighs its likely benefit, considering the needs of the case, the amount in controversy, the parties’ resources, the importance of the issues at stake in the action, and the importance of the discovery in resolving the issues.

31. privileges

32. privilege against self-incrimination

33. Fed. R. Evid. 501

34. attorney-client privilege spousal privileges priest-penitent privilege doctor-patient privilege

35. mechanics of discovery

36. During discovery it has become clear that D was looking the other way while driving his car. P’s lawyer thinks that D would have admitted this allegation if it had been put in P’s complaint. What does P’s lawyer do?

37. Rule 36. Requests for Admission

38. X was a witness to the car accident that P is suing D for
X was a witness to the car accident that P is suing D for. May P’s lawyer use R. 36 to request an admission from X that D was looking the other way during the accident?

39. Can an insurer impleaded request an admission from the P, or a P from a co-P?

40. The P Corp. is suing the D Corp. for violations of antitrust law
The P Corp. is suing the D Corp. for violations of antitrust law. Counsel for the P Corp. wants any documents that the X Corp. might have concerning agreements with the D Corp. to fix the price of widgets. What should the counsel for the P Corp. do?

41. Rule 45. Subpoena 

42. How would counsel for the P Corp
How would counsel for the P Corp. get the same type of documents from the D Corp.?

43. Rule 34. Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes

44. http://educatingtomorrowslawyers. du

45. P is suing the D Corp. for securities fraud for misrepresenting its loan loss reserves as adequate. P’s lawyer wants to find out who at the D Corp. knows how the loan loss reserves were determined. What does P’s lawyer do?

46. Rule 33. Interrogatories to Parties

48. X was a witness to the car accident that P is suing D for
X was a witness to the car accident that P is suing D for. P’s lawyer wants X to answer questions about what he saw, X refuses. How does P’s lawyer do so?

49. Rule 30. Deposition by Oral Examination

50. During a deposition, opposing counsel asks your client for irrelevant material What do you do? What if she asked for relevant hearsay material that you think will be inadmissible at trial? What if she asked for confidential communications between you and your client?

51. 30(d)(3) Motion to Terminate or Limit. (A) Grounds
30(d)(3) Motion to Terminate or Limit. (A) Grounds. At any time during a deposition, the deponent or a party may move to terminate or limit it on the ground that it is being conducted in bad faith or in a manner that unreasonably annoys, embarrasses, or oppresses the deponent or party.

52. privileges

53. attorney-client privilege

54. Restatement (Third) of The Law Governing Lawyers § 68
Restatement (Third) of The Law Governing Lawyers § 68. Attorney–Client Privilege   [T]he attorney-client privilege may be invoked as provided in § 86 with respect to: (1) a communication (2) made between privileged persons (3) in confidence (4) for the purpose of obtaining or providing legal assistance for the client.