CIVIL PROCEDURE I FALL SEMESTER 2011

Professor E. R. Lanier

SYLLABUS
The organization of this introductory course in Civil Procedure follows the sequence used in most such courses in American law schools. In the fall semester we will principally concentrate on the more conceptual aspects of civil procedure by studying the statutory and constitutional principles affecting the court selection process, jurisdiction and venue, and the relationship between the federal and state judicial systems. In the second semester we build on these foundations and explore some of the more practical aspects of the litigation process and rules (such as pleadings, joinder of parties, discovery, pre-trial dispositions, jury and non-jury trials, and principles of finality). Reading materials for this semester are indicated on the following pages. You will note, however, that I have not specified a fixed assignment per week. Given the relative difficulty of our materials and uncertainty about your absorption rate, it is impossible to project a fixed pace for the entire semester. Allowing for these variances, you should expect your weekly assignments to average 25-40 pages. In each class I will specify your preparation obligation for the following class. In addition, we will schedule periodic writing exercises on major divisions of materials as indicated on the following schedule to afford you an opportunity to sharpen your analytical and writing skills using these substantive modules. In addition to the casebook, you will be using a supplement that contains the Federal Rules of Civil Procedure and excerpts of various statutes. It is important that you refer to these rules and statutory provisions in conjunction with your study of the materials in the casebook. Miscellaneous information about office hours, attendance requirements and the examination are included within. I will supplement this information by additional handouts and in our discussions in class. Casebook & Supplements: (2) FEDERAL RULES OF CIVIL PROCEDURE (2011) (1) Yeazell, CIVIL PROCEDURE , Seventh Edition (Aspen Publishers)

TOPICS AND ASSIGNMENTS

Preface I. AN OVERVIEW OF PROCEDURE A. The Idea and the Practice of Procedure 1. Locating Procedure 2. Clients, Lawyers, Procedure and Strategy Where Can the Suit Be Brought? 1. Personal Jurisdiction 2. Subject Matter Jurisdiction Hawkins v. Masters Farms, Inc. Notes and Problems 3. Venue Notes and Problems 4. Service of Process Stating the Case 1. The Lawyers Responsibility Bridges v. Diesel Service, Inc. Notes and Problems Note: Reading the Rules 2. The Complaint Bell v. Novick Transfer Co. Notes and Problems 3. The Response Motions and Answer Notes and Problems Notes and Problems 4. Amendment of Pleadings Parties to the Lawsuit Larson v. American Family Mutual Ins. Co. Notes and Problems Factual Development Discovery Butler v. Rigby Notes and Problems Pretrial Disposition Summary Judgment Houchens v. American Home Assurance Co. Notes and Problems Trial Norton v. Snapper Power Equipment Notes and Problems Former Adjudication Rush v. City of Maple Heights Notes and Problems Appeals 2 xxv 1 1 1 2 4 5 5 6 9 11 12 12 13 13 13 14 15 17 17 18 20 21 24 25 26 27 28 30 32 33 34 37 38 39 41 42 43 47 48

B.

C.

D.

E.

F.

G.

H.

I.

Apex Hosiery Co. v. Leader Notes and Problems Note on Appellate Structure and Jurisdiction Note: Civil Procedure in Your Substantive Courses

48 49 51 52

PART A THE CONSTITUTIONAL FRAMEWORK FOR U.S. LITIGATION A. B. Approaching Civil Procedure Constitutional Limits in Litigation 1. The Idea of Jurisdiction 2. Jurisdiction and the Constitution 3. The Constitution and Choice of Law

55 55 56 56 57 59 61 61 61 67 72 73 74 74 75 79 83 83 84

II.

PERSONAL JURISDICTION A. The Origins Pennoyer v. Neff Notes and Problems Note on the Mechanics of Jurisdiction: Challenge and Waiver Notes and Problems 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 First Writing Exercise: Territorial and Extraterritorial Personal Jurisdiction 2. Absorbing In Rem Jurisdiction Shaffer v. Heitner Notes and Problems Specific Jurisdiction: The Modern Cases World-Wide Volkswagen Corp. v. Woodson Notes and Problems Asahi Metal Industry Co. v. Superior Court Notes and Problems Burger King Corp. v. Rudzewicz Notes and Problems Pavlovich v. Superior Court 3

B.

3.

85 86 93 96 96 102 105 110 111 115 117

C.

D.

E.

Notes and Problems General Jurisdiction Perkins v. Benguet Consolidated Mining Co. Helicopteros Nacionales De Columbia, S.A. v. Hall Notes and Problems Burnham v. Superior Court Notes and Problems Consent as a Substitute for Power Carnival Cruise Lines, Inc. v. Shute Notes and Problems The Constitutional Requirement of Notice Mullane v. Central Hanover Bank & Trust Co. Notes and Problems Notes and Problems on Service of Process 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 Dee-K Enterprises, Inc., v. Heveafil Sdn. Bhd. Notes and Problems 4. Second Writing Exercise: Venue and Service of Process 3. Declining Jurisdiction: Transfer and Forum Non Conveniens a. Forum Non Conveniens Piper Aircraft v. Reyno Notes and Problems b. Transfer under 28 U.S.C. 1404, 1406, and 1631 Notes and Problems

121 122 123 124 126 126 132 134 135 138 140 141 147 149

154 154 155 156 158 159 160 162

164 164 164 169 172 172

III.

SUBJECT MATTER JURISDICTION OF THE FEDERAL COURTS A. B. The Idea and the Structure of Subject Matter Jurisdiction Federal Question Jurisdiction Louisville & Nashville Railroad v. Mottley Notes and Problems Note: Challenging Federal Subject Matter Jurisdiction Notes and Problems Diversity Jurisdiction Redner v. Sanders Notes and Problems 4

175 175 178 179 181 186 187 189 190 191

C.

D.

E.

Saadeh v. Farouki Notes and Problems Note: Amount in Controversy Supplemental Jurisdiction Notes and Problems In re Ameriquest Mortgage Co. Mortgage Lending Practices Litigation Szendrey-Ramos v. First Bancorp Notes and Problems Removal Notes and Problems Caterpillar, Inc. v. Lewis Notes and Problems Third Writing Exercise: Subject Matter Jurisdiction in the Federal Courts

197 200 201 204 205 207 209 211 213 213 215 217

IV.

THE ERIE PROBLEM 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 Note: Erie and the Persistence of Federal Common Law 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 Semtek Intl Inc. v. Lockheed Martin Corp. Notes and Problems 4. Determining the Scope of State Law: An Entailment of Erie

221 222 222 224 225 229 232 233 233 233 235 237 237 240 240 244 246 248 252 253

B.

LIBRARY RESOURCE MATERIAL

Freer, Introduction to Civil Procedure (Aspen Press)

The Glannon Guide to Civil Procedure (Aspen Press) Kane, Civil Procedure in a Nutshell 5th (West) KF8841 .K36 2003 Emanuel, Civil Procedure: The Crunchtime Series 2d (Aspen) KF8841 .E524 2003 Dorsaneo, Questions & Answers: Civil Procedure (Lexis) KF8841 .D67 2003 Shreve, Understanding Civil Procedure 3d (Lexis) KF8840 .S484 2002 Glannon, Civil Procedure: Examples and Explanations 4th (Aspen) KF8840 .G58 2001 Civil Procedure flash cards, 2 boxes (Aspen) KF388 .C58 Pattern Jury Instructions, civil cases (11th Circuit) KF8984.A65 P3711 1999 Federal Civil Rules Handbook, 2005 (West) KF8816 .A22 Miller, Sum & Substance Civil Procedure 6th (audio) 10 CDs (West) KF8841 .M54 2001 (2 copies) NOTE: 10.5 hours total

OFFICE HOURS/LOCATION/PHONE
Office Hours: Thursday, 4:00 p.m. - 5:00 p.m., or by appointment. Office: Room 416B. Office Telephone: (404) 413-9185. Home phone: (706) 468-0129. Email: ERLanier@aol.com.

ATTENDANCE AND PARTICIPATION IN CLASS

Regular class attendance is required by the academic rules and is essential to a coherent understanding of the course. The academic rules and requirements regarding attendance are set forth in the College of Law Bulletin. You should read them. I will deduct one point from your final grade in this course for each absence, excepting only excused absences. For this purpose, excused absences are only those necessitated by authenticated medical reasons. Work conflicts and conflicts with other law school activities are not excused absences for this purpose. Each student should participate in class discussions. Some people find speaking in class much easier than do others. If you tend to be quiet during class, you should push yourself to raise your hand and join the discussion. If you are a regular participant, you should limit the frequency of your comments to allow others to participate. A rule of thumb is not to volunteer more than one 6

or two comments per class. Some people are more likely to volunteer a comment when there are fewer hands raised, or when there is a gap in the discussion. In calling on students who raise their hands, I try to call first on students who participate in the discussion less frequently. You can help me with this by raising your hand high so I will see you. I would like to recognize each student who has a question or comment, but often I must move us forward to another topic when there are hands in the air. When this happens, please feel free to approach me after class to continue the conversation.

EXAMINATION AND GRADING

Your grade in this course will be based on a final examination. This exam will be three to four hours long. All grading will be done anonymously. I reserve the option to administer a midterm examination. Many students find it stressful to go through a whole semester's work without any concrete feedback. One way to get some feedback is to evaluate your own comprehension of what is going on in class. Do you know the answers to most of the questions? Do you understand why those questions are being asked? If you are having trouble understanding the material, spend time thinking about how you are studying, how you are taking notes, etc. Talk about it with other students. If you feel totally lost, come see me during office hours. Don't wait to see if it comes together at the end".

MAKE-UP EXAM POLICY

All make-ups must be arranged through the Office of the Associate Dean. The purpose of this rule is to preserve the anonymous grading system. If you have a legitimate excuse for delaying the exam contact the Associate Dean immediately, before the exam if possible.