Civil Procedure Fall 2010 Tues, Thurs, Fri from 11:00-12:15, Room 102 Professor David Landau: office

316, phone 850-644-6341, e-mail dlandau@law.fsu.edu Office Hours: Tuesday 3:00-5:00, or by appointment Course Description/Objectives: This course looks at how civil disputes are resolved in the U.S. court system it therefore focuses on the process by which cases are resolved, rather than (as in your other first year classes) the substantive law applied to those disputes. We will focus on procedure and practice in the federal judicial system, rather than on the judicial system of any state. We will look in some detail at those rules themselves, but also at the constitutional underpinnings and policies behind those rules. Thus, students will develop their skills of case analysis and statutory interpretation, and should also learn to think about the federal procedural rules and practices as a system, understanding how they work together to foster certain policies, sometimes very nicely and sometimes poorly. Required Texts: Stephen C. Yeazell, Civil Procedure (7th ed. 2008) Stephen C. Yeazell, 2010 Federal Rules of Civil Procedure with Selected Statutes, Cases, and Other Materials You should bring both of these texts with you to class every day. Some students find Joseph W. Glannon, Civil Procedure (Examples & Explanations Series) helpful as an additional source. Class Attendance: Attendance is required for this course, and I will be taking attendance via an attendance sheet that I will circulate during class. In accordance with the law schools accreditation requirements, you cannot receive credit for the course if you miss more than 20% of the scheduled class meetings. Class Participation: I expect students to be prepared for each class, and I will call on students to discuss the assigned readings. If you are unable to prepare due to extraordinary circumstances, you should contact me before class. I reserve the right to adjust grades (which are otherwise wholly determined by the final exam) upward on the margin due to very strong participation, and downward on the margin due to consistent lack of preparation. Grading/Exam: Otherwise, the grade in this class will be based entirely on a three hour, closed book final exam. You may bring a copy of the Yeazell Federal Rules of Civil Procedure supplement with you to the exam, but no other materials are allowed. Your supplements may be annotated with handwritten notes, but shall not have any attachments other than tabs to mark the location of specific material (the tabs may
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have on them numbers and the short titles of the referenced material and nothing more). Only handwriting may cover the blank spaces and the original printing on the supplements. The use of stickon labels or paper, white-out or any other method to eliminate any of the original printing is prohibited. Other than the addition of handwritten notes and tabs, the supplements shall be in their original condition, no material may be added nor may any material be removed in any way. Reading Assignments: We will generally spend one class on each numbered assignment, but in some cases we may spend additional time on an assignment. These assignments are subject to change; for example, I will possibly add several days where we discuss particular problems rather than readings from the casebook. If this occurs, I will amend the syllabus accordingly. I. Constitutional Framework for Litigation 1. Introduction to the Topic: CB 1-17; 55-60, United States ex rel. Gerald Mayo v. Satan, at http://en.wikisource.org/wiki/United_States_ex_rel._Gerald_Mayo_v._Satan_and_His_Staff A. Personal Jurisdiction 2. Origins of Personal Jurisdiction, CB 61-71 3. The Modern Formulation, CB 72-85 4. Absorbing in rem juridiction, CB 85-96 5. Modern cases 1, CB 96-111 6. Modern cases 2, CB 111-122 7. General jurisdiction, Tag, Consent CB 122-139 8. Notice and Service of Process, CB 140-154, supplement Federal Rule 4(a)-(e), 4(h), 4(k) 9. Long arm statutes, venue, transfer & forum non conveniens CB 154-160; 164-73; 28 USC 1391(a)(d), 1404(a), 1406(a); Fla. Long arm statute (posted on course website, just skim) 10. First problem day B. Subject Matter Jurisdiction in Federal Courts 11. Federal Question Jurisdiction, CB 175-189, US Const. art. III, 28 USC 1331 12. Diversity Jurisdiction, CB 189-204, 28 USC 1332 13. Supplemental Jurisdiction, CB 204-213, 28 USC 1367 14. Removal, CB 213-220, 28 USC 1441 C. What Law to Apply in Federal Courts (the Erie Problem) 15. The General Rule for Diversity Cases, CB 221-233 16. Substance/Procedure Line 1, CB 233-246 17. Substance/Procedure Line 2, CB 246-55, Gasperini v. Center for Humanities (on course website) 18. Second Problem Day II. Process of Litigation A. Pleading 19. Notice Pleading, CB 333-357, read Federal Rules 7-8 20. Exceptions, Complexities, CB 357-369, Ashcroft v. Iqbal (pg. 418-430 in supplement), Federal Rule 9 21. Ethical Limitations in Pleading, CB 375-87, Rule 11 22. The Defendants Response, CB 387-402, CB 370-72, Federal Rules 8(b)-(c), 12 B. Discovery 23. Scope and Mechanics of Discovery, CB 415-21, 426-38, Federal Rule 26(a), (b)(1)-(2), glance at Rules 27-37 (the rules on specific discovery procedures)
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24. Limits on Discovery: Privilege, Work Product, Experts, CB 439-454, Rule 26(b)(3)-(5) C. Resolution Before Trial 25. Summary Judgment, CB 526-540, Federal Rule 56 D. Trial 26. Judge Controlling the Jury 1, Judgment as Matter of Law, CB 551-556, 598-609, Rule 50 27. Judge Controlling the Jury 2, New Trial, 609-23, Rule 59 III. The Effect of Judgments 28. Claim Preclusion 1, CB 667-680 29. Claim Preclusion 2, CB 680-693, Taylor v. Sturgell, supplement pgs. 463-71 30. Issue Preclusion 1, CB 694-710 31. Issue Preclusion 2, CB 710-722 32. Full Faith and Credit and Collateral Attacks, CB 722-733, Federal Rule 60 33. Problem Day 3 IV. More Complex Litigation A. Joinder 34. Basic joinder of claims and parties, CB 735-755, Federal Rules 13, 18, & 20 35. More complex joinder, CB 755-770, Federal Rule 14 B. Class Actions 36. Basic Requirements, CB 798-814, Federal Rule 23 37. Constitutionality of Class Actions, CB 814-826 38. Settlement of Class Actions, CB 830-845 39. Review Session, do practice exam # 2