Erie Doctrine & Injunctions

Question 2

What is the Erie doctrine?

Answer 2

Mandates that when there is diversity/supplemental jurisdiction, federal courts must apply: State substantive law; and Federal procedural law.

Landmark case Erie Railroad Co. v. Tompkins (1938)

Question 3

What law applies when there is federal question jurisdiction?

Answer 3

Federal laws. The Erie Doctrine only applies in diversity jurisdiction, not federal question jurisdiction.

Question 4

What’s the difference between procedural and substantive law?

Answer 4

Procedural: Laws that provide the process by which a case will progress. Substantive: Laws that provide a right. Some laws, such as statutes of limitations, fall in a grey area between the two.

Question 5

In a diversity jurisdiction case, assuming state common law and federal law conflict, what is the first step in Erie analysis?

Answer 5

Determine the law behind the primary issue, and determine whether the law is procedural, substantive, or something in the middle. If substantive, apply state law. If procedural, apply federal law. If in the middle, proceed to step two.

Question 6

For Erie analysis, if the law is something in the middle and there is no federal law on point, how do you determine which law to apply?

Answer 6

Outcome determinative test, Forum shopping, Balance of interests.

Question 7

Generally, for what type of rules will the balance of interests fall in favor of the state?

Answer 7

Remittitur, Additur, Notice of claim requirements, Issue preclusion rules.

Question 8

As a general rule, are choice of law rules substantive or procedural?

Answer 8

Substantive

Question 9

As a general rule, are statutes of limitations substantive or procedural?

Answer 9

Substantive

Question 10

As a general rule, are elements of a crime or case substantive or procedural?

Answer 10

Substantive

Question 11

As a general rule, are burdens of proof substantive or procedural?

Answer 11

Substantive

Question 12

As a general rule, are rules regarding attorney’s fees substantive or procedural?

Answer 12

Procedural

Question 13

What laws apply for bankruptcy actions?

Answer 13

Federal substantive & federal procedural law

Question 14

What is federal common law and in which type of cases is it most likely to exist?

Answer 14

Federal law created through federal judges. Applies in cases involving Admiralty & maritime, Foreign relations, Cases where US is a party, Cases between two states.

Question 15

In a diversity case with multiple states involved, the federal court must apply the conflict of laws principles from which state?

Answer 15

The state in which the federal district court is sitting

Question 16

Define interlocutory injunctions

Answer 16

Injunctions issued before the trial has ended; goal is to preserve the status quo.

Question 17

Elements required for a preliminary injunction

Answer 17

D has been given notice; P will likely prevail on the merits; P will likely suffer irreparable harm without prelim. injunction; Balance of hardships favors an injunction; Injunction is in the public interest; and Bond to cover damages if D is wrongfully enjoined.

Question 18

How long does a preliminary injunction last?

Answer 18

For the entirety of the lawsuit

Question 19

What is a temporary restraining order (TRO)?

Answer 19

Emergency injunction that can be issued without notice to the other party if irreparable harm would result while waiting for a preliminary injunction.

Question 20

When can a TRO be granted?

Answer 20

Specific facts demonstrate that the petitioner will suffer serious, irreparable harm without TRO; and Petitioner’s attorney certifies, in writing, any efforts that have been made to give notice to D, and also any reasons why notice should not be required.

Question 21

Differentiate between a preliminary injunction and a temporary restraining order (TRO)

Answer 21

TRO’s can be issued without notice if P can show that they would have suffered irreparable harm while waiting for a preliminary injunction. The burden for harm is much higher for a TRO than a preliminary injunction.

Question 22

How long does a TRO last?

Answer 22

14 days, or until a hearing for a preliminary injunction is held (unless extended by court)

Question 23

What is a complaint and what must it contain?

Answer 23

Pleading filed to initiate lawsuit. Must contain: Grounds for SMJ; Statement of claim; and Demand for relief (damages, equitable relief, etc).

Question 24

What must the statement of claim contain?

Answer 24

‘Short and plain statement’ showing that P has a plausible claim for relief.

Question 25

What sort of claims need to be plead with particularity?

Answer 25

Those involving fraud, mistake, or special damages.

Question 26

D has ____ days after service of process to file an answer.

Answer 26

21. If D waived service, answer is due within 60 days after request for waiver was sent, or within 90 days after it was sent to D outside any judicial district of the United States. If D is the United States or a US employee, answer is due within 60 days.

Question 27

What must an answer contain?

Answer 27

Admittance or denial of all complaint allegations (failure to deny constitutes admission). Affirmative defenses (if D fails to raise in answer, they will be waived). Examples include: Self-defense, Statute of Frauds, Statute of Limitation, Contributory negligence, Claim preclusion, Fraud.

Question 28

What is the effect if a party pleads lack of information because they don’t know whether or not an allegation is true?

Answer 28

Will be treated as a denial.

Question 29

What are the Rule 12(b) grounds for dismissal?

Answer 29

Lack of SMJ; Lack of PJ; Improper venue; Insufficient process; Insufficient service of process; Failure to state a claim upon which relief can be granted; and Failure to join a party under Rule 19.

Question 30

What is the deadline for filing 12(b) motions if responsive pleading is allowed?

Answer 30

Before the answer.

Question 31

What is a 12(b)(6) motion and what is the deadline for filing?

Answer 31

Motion to dismiss for failure to state a claim upon which relief can be granted. Court reviews P’s complaint only - no other evidence - to determine whether to grant the motion. If a responsive pleading is required - the 12(b)(6) motion must be filed before the answer. If no responsive pleading is required, the 12(b)(6) motion can be filed anytime before trial or at trial.

Question 32

What is a 12(c) motion and the deadline for filing?

Answer 32

Motion for judgment on the pleadings. Court reviews all pleadings when deciding whether to grant the motion. Filed after D files answer.

Question 33

Which 12(b) defenses are waived if not included in the 12(b) motion?

Answer 33

Lack of personal jurisdiction, Improper venue, Insufficient process, Insufficient service of process, Motion for a more definite statement.

Question 34

Which 12(b) defense is never waived?

Answer 34

Lack of SMJ.

Question 35

Distinguish between an ordinary defense and an affirmative defense.

Answer 35

Ordinary defense: Defense on the basis of the complaint. Affirmative defense: Introduces new facts to defeat or mitigate D’s liability.

Question 36

When can a party amend its pleading as a matter of course?

Answer 36

Parties may amend pleadings once as a matter of course within 21 days of service of process. If responsive pleading required, can amend within 21 days after either responsive pleading or pre-answer motion (whichever came first).

Question 37

What must a party do if they want to amend twice or after the deadlines have expired?

Answer 37

Seek either the other party’s permission or the court’s permission (by motion).

Question 38

When do courts grant permission to amend?

Answer 38

Permission is ‘freely given when justice so requires.’ Only denied if other party can show unfair prejudice would result.

Question 39

Can you amend during or after trial?

Answer 39

Yes, as long as the court grants permission.

Question 40

A party has ___ days to respond to an amended pleading.

Answer 40

14 days after service of the amended pleading or the time remaining for response to the original pleading (unless the court orders otherwise).

Question 41

What does it mean if an amendment ‘relates back’?

Answer 41

It means that the amendment relates back to the date of the original pleading (often used when statute of limitations has expired).

Question 42

When do amendments adding new claims ‘relate back’?

Answer 42

Only when the claim arises out of the same ‘conduct, transaction, or occurrence’ as the original pleading.

Question 43

When do amendments adding parties ‘relate back’?

Answer 43

If: Amendment arises out of the same conduct, transaction, or occurrence as the original pleading; and Within 90 days after the complaint is filed, the new D: Received notice & will not be prejudiced; and Knew or should have known that the action would have been brought but for a mistake concerning the proper party’s identity.

Question 44

Define supplemental pleadings

Answer 44

Pleadings that describe a transaction, occurrence, or event that happened after the date of the original pleading. Court may permit on motion and upon reasonable notice.

Question 45

What is the Rule 11 signing requirement?

Answer 45

Requires that all pleadings and motions be signed by at least one attorney per party (or party himself if pro se) certifying that, to the best of the attorney’s knowledge after reasonable inquiry: Pleading is not to harass or for any improper purpose, Legal arguments are nonfrivolous and supported by existing law; and Factual assertions & denials have or will have evidentiary support.

Question 46

What are types of Rule 11 sanctions?

Answer 46

Monetary/penalty: court fees associated with the cost of seeking sanctions incurred by the other party. Non-monetary: reprimand or strike the pleadings.

Question 47

What is the Rule 11 ‘safe harbor’ provision?

Answer 47

If the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service, then Rule 11 sanctions should not be filed with the court.

Question 48

What steps must a party take to move for Rule 11 sanctions?

Answer 48

Serve motion for sanctions to the other party; and If error is not corrected within 21 days (within safe harbor period), file the motion with the court.

Question 49

Are Rule 11 sanctions required?

Answer 49

No, whether to grant sanctions is up to the court’s discretion.

Question 50

Define joinder of claims

Answer 50

Allows existing parties to file additional claims against each other, regardless of whether they are related. Parties can file as many additional claims as they wish.

Question 51

When is joinder of a party compulsory?

Answer 51

When the party is a necessary party, meaning ? Complete relief cannot be issued in the party’s absence; or Failure to join would impede the rights of either that party or existing parties.

Question 52

When is joinder of additional parties permitted?

Answer 52

Multiple persons can join in one action as P’s or D’s if: D’s are being sued jointly, severally, or in the alternative; Claims arise out of the same transaction or occurrence; and There is a common question of law or fact to all parties joined.

Question 53

Are joint tortfeasors considered necessary parties?

Answer 53

No, joinder is not mandatory for joint tortfeasers.

Question 54

Is proper SMJ required for joinder?

Answer 54

Yes, joinder will be precluded if adding the party would destroy diversity or otherwise negate SMJ.

Question 55

Does a court need to have personal jurisdiction over all parties joined in an action?

Answer 55

Court needs to have PJ over all D’s and all involuntary P’s. The court does not need to have PJ over voluntary P’s or those who waive PJ.

Question 56

If a joined party objects to venue, and joinder would make venue improper, what must the court do?

Answer 56

Dismiss the party.

Question 57

What occurs if a necessary party cannot be joined?

Answer 57

The court uses a balancing test to determine whether the suit should be dismissed. Court asks: Would the judgment rendered in the party’s absence prejudice that person or the existing parties? Could prejudice be lessened or avoided by: Protective provisions in the judgment?; Shaping the relief?; or Other measures? Would a judgment rendered in the person’s absence be adequate? Would P have an adequate remedy if the action were dismissed?

Question 58

True or False: Compulsory joinder is typically a defense brought by D.

Answer 58

True.

Question 59

Define bulge provision

Answer 59

Under FRCP 4(k)(b), a third party can be served with proper notice anywhere within 100 miles of the court issuing the summons.

Question 60

Define impleader

Answer 60

When D adds a third party to the case, alleging third party is responsible for some or all of the liability facing D.

Question 61

What is the deadline to file an impleader claim?

Answer 61

Within 14 days of serving an answer; or With permission of court.

Question 62

After a party has been impleaded into a lawsuit, what claims can be filed by the: Impleaded party? Original P?

Answer 62

Impleaded party: Claims of its own against other parties or impleader claims for additional parties. Original P: Claims against the impleaded D if the claim relates to the original claims.

Question 63

What is interpleader and what are the two different types?

Answer 63

Allows a party with multiple, different claims to join all the claimants together. Types: Rule interpleader (FRCP 22), Statutory interpleader (28 USC § 1335)

Question 64

When is interpleader typically used?

Answer 64

Typically used in cases where property is at issue to determine who has a proper claim or right to property held by a third-party.

Question 65

What do you call the property at issue & the parties involved in an interpleader claim?

Answer 65

Stake: whatever is being fought over/claimed by the claimants. Stakeholder: whoever holds the property. An interpleader allows the stakeholder to turn the property over to the court so that the stakeholder does not face liability. Claimants: parties fighting over/claiming the stake.

Question 66

What are the SMJ, PJ, and venue requirements of rule (FRCP 22) interpleader?

Answer 66

SMJ: Stakeholder must be diverse from every claimant (complete diversity required) and amount in controversy >$75K. PJ: must exist for all claimants. Venue: same rules as other federal cases.

Question 67

What are the SMJ, PJ, and venue requirements for statutory interpleader?

Answer 67

SMJ: one claimant must be diverse from at least one other claimant (minimal diversity required) and amount in controversy must be $500 or more. PJ: exists as long as claimants are in the US. Venue: proper in any district where any claimant resides.

Question 68

What is a Rule 24 intervention?

Answer 68

Intervention that permits a non-party to join a lawsuit through its own initiative.

Question 69

When is a Rule 24 intervention granted as a matter of right?

Answer 69

On timely motion, court must grant intervention when: Right is granted by federal statute; or Party has an interest relating to the subject matter of the action and would not be able protect their interest without.

Question 70

What is the minimum amount for a claim under 28 USC § 1335?

Answer 70

$500 or more.

Question 71

What is the requirement for personal jurisdiction (PJ) under 28 USC § 1335?

Answer 71

PJ exists as long as claimants are in the US.

Question 72

Where is the proper venue for a claim under 28 USC § 1335?

Answer 72

Proper in any district where any claimant resides.

Question 73

When is a Rule 24 intervention granted as a matter of right?

Answer 73

On timely motion, court must grant intervention when: Right is granted by federal statute; or Party has an interest relating to the subject matter of the action and would not be able protect their interest without intervention.

Question 74

When is permissive intervention available?

Answer 74

The court may permit intervention: Upon timely application and at the court’s discretion; When the intervenor has a claim or defense that shares a common nucleus of operative fact with the main claim.

Question 75

Do permissive counterclaims have to arise from the same transaction or occurrence as the original claim?

Answer 75

No.

Question 76

Does failure to bring a permissive counterclaim preclude D from bringing it later in a separate suit?

Answer 76

No, not precluded in a future suit.

Question 77

When is a counterclaim compulsory?

Answer 77

Any claim against the opposing party that: Arises out of the same transaction or occurrence as the original claim; and Does not require adding another party over whom the court cannot acquire jurisdiction.

Question 78

What does it mean for a claim to arise from the same transaction or occurrence?

Answer 78

When the claim is logically related to the original claim or the core facts substantially overlap.

Question 79

Does failure to bring a compulsory counterclaim preclude D from bringing it later in a separate suit?

Answer 79

Yes, unless: D was not aware that he could bring the compulsory counterclaim; or D wins an affirmative defense.

Question 80

Define cross-claim.

Answer 80

Claim filed against a co-party. Must arise out of the same transaction or occurrence or relate to any property that is the subject matter of the original action.

Question 81

Once D files a cross-claim against a co-D, what type of claim can the co-D then file?

Answer 81

Counterclaim – can be compulsory or permissive.

Question 82

Define class action.

Answer 82

A suit brought by one or more persons on behalf of a larger group of individuals (called a class).

Question 83

What are the 4 prerequisites to beginning a class action under FRCP 23(a)?

Answer 83

Class action is only proper if: Numerosity; Commonality; Typicality; and Representativeness.

Question 84

What are the three types of class actions under Rule 23(b)?

Answer 84

When separate actions would create a risk of inconsistent judgments; When the class seeks injunctive or declaratory relief; When a class seeks damages and questions of law or fact common to class members predominate.

Question 85

What are the two steps the court takes to determine whether a class action is appropriate?

Answer 85

Asks: Does the class fulfill the four requirements under Rule 23(a)? If yes: Does the class fall under the 3 categories outlined in: 23(b)(1), 23(b)(2), 23(b)(3)?

Question 86

What are the SMJ requirements for a class action under 1332(a)?

Answer 86

Federal question class actions: same requirements as other suits. Diversity class actions: Class representatives must be diverse from all opposing parties; and Amount in controversy must be > $75K for every class member.

Question 87

What is the effect of a judgment in a class action on the class members?

Answer 87

The judgment binds all members of the class unless a class member notifies court that they do not wish to be bound.

Question 88

What notice is required for classes certified under Rule 23(b)(1) or (2)?

Answer 88

The court has discretion to determine what notice is required.

Question 89

What is required for PJ to exist for a class action under 23(b)(3)?

Answer 89

Minimum contacts: only required for present class members. Notice: must be given to all members. Members must be given ability to opt out.

Question 90

Define Class Action Fairness Act (CAFA).

Answer 90

Allows SMJ to exist when: Class has more than 100 members; Any class member is diverse from any opposing party; and Aggregated claims are greater than $5 million.

Question 91

For a class action, when claims arise under state law and parties are citizens of different states that have different laws on the claims, is commonality defeated?

Answer 91

Likely yes.

Question 92

What is severance?

Answer 92

Allows court to split up cases into smaller suits if it would be more convenient or efficient.