Civil Procedure

25 Episodes

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Discovery in Practice

2021-09-2544:551

This is a tutorial lecture that introduces discovery under the Federal Rules of Civil Procedure. Fist, I give an overview of five of the most important discovery devices, namely depositions, interrogatories, document requests, physical and mental examinations, and requests for admission. Second, I briefly describe mandatory initial disclosure obligations. Next, I discuss the three components that define the scope of discovery: relevance, privilege, and proportionality. And finally I discuss m...

Judge Katharine Parker Interview (Rule 34 +)

2021-06-1135:56

This episode is a recording of my conversation with Judge Katharine H. Parker, Magistrate Judge for the U.S. District Court for the Southern District of New York. Judge Parker is an authority on, among other things, electronic discovery. Our conversation here focuses primarily on lawyers' duties under Fed. R. Civ. P. 34 (and, more broadly, the scope of discovery under Rule 26). The interview took place by teleconference on May 17, 2021. Because we recorded our conversation with Zoom, th...

Claim and Issue Preclusion -- in 40 minutes

2020-11-1840:18

This episode is a lecture tutorial that offers an overview of the doctrines of claim preclusion and issue preclusion. These doctrines are also know as res judicata and collateral estoppel, respectively. (Confusingly,) These doctrines are also sometimes jointly referred to as "res judicata."

Erie Doctrine in 40 Minutes

2020-11-1639:35

This episode is a tutorial lecture about the Erie Doctrine. I cover a little bit of the history leading up to the Erie Doctrine and then offer advice about how to tackle an Erie issue in practice or on an exam. This is a 40-minute introduction and overview that focuses on the basics.

Removal Jurisdiction in Practice

2020-11-1134:19

This episode is a tutorial lecture about the practical application of the doctrine of removal. Removal jurisdiction describes the circumstances under which an action can be removed, by a defendant, from state court to federal court. The lecture focuses primarily on the application of Sections 1441 and 1446 of Title 28. This is one of several episodes regarding related topics of federal subject matter jurisdiction.

Supplemental Jurisdiction in Practice

2020-11-0942:56

This episode is a tutorial lecture about supplemental jurisdiction. This is one of several episodes on the broader topic of federal subject matter jurisdiction. This episodes focuses on the practical application of Section 1367 of Title 28. I do not try to cover history or any other context here.

Original Subject Matter Jurisdiction in Practice

2020-11-0851:15

This episode is a tutorial lecture about original subject matter jurisdiction in federal courts. It introduces--and focuses exclusively on--the doctrines of federal question under 28 USC 1331 and diversity under 28 USC 1332. I do not cover class actions nor any of other (less common) bases for original subject matter jurisdiction. In this episode I also focus on a very practical application of the contemporary doctrine. Consult other episodes for lectures about historical context and fo...

Venue (including transfers and forum non conveniens)

2020-11-0501:11:49

This episode is a tutorial lecture about the doctrine of venue. I first cover the federal venue statute, 28 USC 1391. In circumstances when venue is improper, there are two follow-on options: dismissal or transfer. In circumstances when venue is proper, there are three follow-on options: proceed, dismissal, and transfer.

Notice/Service, 12b4 and 12b5 Motions to Dismiss in Practice

2020-10-2741:33

This episode is a tutorial lecture about Service of Process under Federal Rule, and the 12(b)(4) and 12(b)(5) motions to dismiss. The episode focuses on a practical application of these Rules.

Interview with A. Ross (re McIntyre Mach. v. Nicastro and Specific Jurisdiction)

2020-10-1937:09

This episode is my interview with Alexander Ross, Jr., the lawyer who represented Robert Nicastro in J. McIntyre Machiner Ltd. v. Nicastro. The interview took place on October 14, 2020. Because we recorded our conversation with Zoom, the quality of the audio is satisfactory, but not ideal.

Personal Jurisdiction in Context

2020-10-1839:30

This episode is a tutorial that puts the doctrine of personal jurisdiction into some broader context. I offer a little bit of history and offer some big-picture framing that might help you with your mastery of this subject. Notice that there is a separate episode that focuses on applying the doctrine to a given set of facts--that episode is called 12(b)(6) in Practice. The episodes do not really overlap, except to the extent that they both address one of the most important topics in a C...

ADR

2020-10-1731:22

This is a tutorial lecture about--and an introduction to--alternative dispute resolution (ADR). I discuss arbitration and mediation, and pose a couple larger questions about ADR.

Summary Judgment in Practice / Rule 56

2020-10-0554:16

This episode is about the practical application of summary judgment and FRCP 56.

Counterclaims, Crossclaims, and Third-Party Claims/Rules 13 and 14

2020-09-2158:40

This episode is a tutorial lecture about three types of ancillary claims: counterclaims (compulsory and permissive), crossclaims, and third-party impleader claims.

Simple Joinder/Rules 18 and 20

2020-09-1930:51

This episode is a tutorial lecture about the joinder of claims and parties under Rules 18 and 20, respectively.

Rule 11 in Practice

2020-09-1339:32

This episode is about the practical application of Rule 11.

Answers/Rules 8(b) and 8(c)

2020-09-0538:29

This episode is a tutorial about the defendant's answer to a plaintiff's complaint. I discuss the obligation to admit or deny the allegations of the plaintiff's complaint. And I discuss affirmative defenses. I also briefly mention counterclaims, cross-claims, and third party claims even though those topics are the subject of a separate episode.

12(b)(6) in Practice

2020-09-0545:09

This episode is a tutorial about the practical application of a 12(b)(6) motion to dismiss for failure to state a claim. I focus on the three types of circumstances when courts grant 12(b)(6) motions and offer strategies about how to analyze and argue these motions in practice or on an exam.

12(b)(6) in Context

2020-09-0522:47

This episode puts the 12(b)(6) motion to dismiss in context. I address the historical context of the motion, and its importance in the scheme of litigation.

Rule 68 / Offers of Judgment

2020-08-1621:33

This episode is about offers of judgment under Federal Rule of Civil Procedure 68. I focus on the practical application of Rule 68.

The Due Process Clause, in Practice

2020-08-1129:49

This episode is an overview lecture about procedural due process. We cover the five elements of due process claims under the 5th and 14th Amendments of the U.S. Constitution, paying particular attention to the 5th element, which requires us to apply the Mathews 3-part test.

Interview of Adam Sopko. Snap Removal.

2020-08-0143:53

In this episode, I interview Adam Sopko. Adam Sopko is (or was then) a third-year law student and the editor-in-chief of the Northwestern Law Review. In this episode Adam offers advice about adjusting to law school. We then discuss at some length the topic of snap removal and his law review article about the subject. Snap removal refers to the forum defendant rule of 1441(b)(2). Because that statute prevents removal only by forum defendants who have been properly "joined and served," some def...

12(b)(2) / Personal Jurisdiction in Practice

2020-07-3055:09

This episode is about the 12(b)(2) motion to dismiss for lack of personal jurisdiction. The episode gives an overview of the following jurisdictional bases: Congressional Statutes (S), Federal Rule 4(k)(1)(B) and 4(k)(2) (R), Personal Service (S), Waiver (W), Status (S), Consent/Forum Selection Clauses (C), General Jurisdiction (G), and Specific Jurisdiction (S).

Rule 15 Motion to Amend

2020-07-2826:50

This episode is about the Rule 15 Motion to Amend. We discuss the three ways to satisfy 15(a), a threshold test that applies to all amendments in federal court. We then discuss statutes of limitation and the relation-back of amendments.

Remedies

2020-07-2856:00

This episode is an introduction to topics in Remedies. We discuss (1) the difference between equitable and legal relief; (2) the difference between preliminary and permanent relief; (3) the traditional 4-part test for preliminary relief; and (4) types of final relief. We also briefly mention pre-judgment attachments.

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Civil Procedure