most tested answers

Question 1

describe in detail the procedure and requirements D must follow to remove case to federal court

Answer 1

7 steps:

(1) obtain consent of all other defendants properly joined and served
(2) defendants file a notice of removal – must be within 30 days of “receipt of paper” that shows that case was removable
(3) D must include short and plain statement justifying removal with Notice
(4) Ds sign notice and attach a copy of all state processes and pleadings
(5) D fileis Notice and attachments in federal court
(6) D serves P with notice, attachments, and memo of reasons
(7) D files notice, attachments, and memo with state court

Question 2

what procedural objections if any might P raise to the removal

Answer 2

there are a variety of options here. important ones include

(1) participation of all joined and served Ds and
(2) 1-year time limit

Question 3

what must P file to seek a return of case to state court

Answer 3

motion to remand

Question 4

what time limits does P face in remand proceedings

Answer 4

within 30 days of filing of the Notice of removal

Question 5

date for P to file timely notice of appeal from dismissal of one of several defendants, if case proceeded and later resolved against other defendants?

Answer 5

because appeal is only available once a FINAL JUDGMENT is entered that disposes of all claims and parties

an interlocutory order dismissing one of several defendants is appealable after final judgment

time limit = within 30 days of the entry of the disputed judgment or order (ie, date that rest of claims were dismissed/resolved by judge)

Question 6

standard for general jurisdiction

Answer 6

when defendant’s contacts are so constant and pervasive as to render the defendant essential at home

Question 7

“fair play and substantial justice” analysis in specific jurisdiction (5 factors)

Answer 7

analyze:
(1) the degree of burden imposed on defendant to defend case in another state
(2) plaintiff’s interest in obtaining convenient and effective relief [in home forum]
(3) interest of the Louisiana forum in exercising jurisdiction over claim [most important during tort claims where damage occurred in Louisiana]
(4) interstate efficiency [location of witnesses and evidence]
(5) advancement of social policy (including the availability of alternate forums)

Question 8

legal standards to consider in 12b6 motion

Answer 8

(1) not cognizable as a matter of law

(2) fails to allege sufficient facts to raise claims that are plausible and establish an entitlement to relief

Question 9

what steps must D’s attorney take before filing Rule 11 motion?

Answer 9

(1) attorney must prepare motion stating why factual contentions have no evidentiary support (“no basis in fact”) and/or describe the ways opposing counsel did not conduct a reasonable and competent inquiry before signing and filing the pleading
(2) serve motion on opposing counsel
(3) after service, opposing counsel has 21 days to withdraw the challenged pleading

Question 10

legal standard for a court to grant Judgement as a Matter of Law?

Answer 10

no legally sufficient evidentiary basis for a reasonable jury to find for non-moving party
court must not weigh evidence
timely after plaintiff has been fully heard on liability and before case submitted to jury

Question 11

latest date for Plaintiff to file a timely notice of appeal

Answer 11

if the jury issued a verdict with answers or specific verdict, then 30 days from date of judgment
OR
if jury issued a general verdict, or verdict with no answers, then 150 days from judgment

Question 12

Rule that says that fed ct applies state damage award limitation stature

Answer 12

Under Erie, any outcome determinative rule should be applied in order to avoid the inequitable administration of the law and discourage forum shopping

Question 13

standard that must be met by moving party to be awarded motion for summary judgment

Answer 13

no genuine dispute as to any material fact AND that it is entitled to judgment as a matter of law

Question 14

when affidavits are included in MSJ, they must satisfy 3 requirements

Answer 14

(1) must be based on personal knowledge
(2) must set forth facts that would be admissible in evidence
(3) must show that affiant is competent to testify on the matters stated

Question 15

personal jurisdiction is

Answer 15

purposeful availment via minimum contacts
PLUS
fair play and substantial justice

Question 16

purposeful availment factors in specific jurisdiction analysis (4)

Answer 16

(1) prior negotiations of the parties to the contract
(2) the terms of the contract
(3) the contemplated future consequences of the contract
(4) the actual course of dealings between the parties

Question 17

one type of claim that federal courts always have supplemental jurisdiction over

Answer 17

compulsory crossclaims

because by definition they arise from the same transaction or occurrence, and will be determined by a common nucleus of operative facts

Question 18

one type of claim that federal courts never have supplemental jurisdiction over

Answer 18

the claims of a plaintiff-intervenor

Question 19

Zippo test

Answer 19

purposeful availment satisfied when interactive website that did not particularly target louisiana nevertheless made sales to louisiana