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Aggregation for Diversity
- Diversity JX is available when:
- ☛ complete diversity of citizenship, +
- ☛ aic = over 75K.
- ---P may aggregate all his claims against a single D.
---P may aggregate different claims against different D's only if they're jointly and severally liable.
Removal when D is sued in Home State Court
Whether a D is a citizen of a home state is relevant for purposes of removal only when D is sued in his home state and tries to remove to federal court.
there's no concern of home-state bias in state court when D is a citizen of that state.
Action Pending as Defense
Unlike FL law, the Fed. Rules don't require D to raise the defense that another action is pending b/w the parties in the first responsive pleading.
☛ erie--fed. court must usually apply state law in diversity action, BUT not if rule is procedural and fed.rules have a rule on point + rule doesn't modify/enlarge substantive rights.
TRO (Temporary Restraining Order)
☛ may be granted when necessary to prevent irreparable injury that will result before a hearing can be held.
☛ Notice is generally required.
- ☛ Ex Parte ONLY if:
- i) specific facts in affidavit/verified complaint showing immediate irreperable injury before opposing party can be heard, +
- ii) written certification of efforts to give notice to opponent & why it shouldn't be required, +
- iii) bond/security to cover cost to opponent in case it's wrong.
☛ party loses ability to contest liability (damages must still be determined & can still be heard on this matter);
☛ Even if Default entered, if party files response before judgment = Court must determine if good cause existed for failure to answer.
- ☛ any appearance by party = party must be noticed of request for default judgment;
- ----first class mail + 7 days before hearing.
- ----only judge can enter default judgment at this point.
- ☛ Claim Must Arise under federal law.
- ----0-not defense;
Supplemental JX over Co-P's claims
- If SMJ over one claim ⇀ court has discretion to exercise SJ over related claims (same nucleus of operative fact), + such that a P could be expected to try them together.
xmpl--2 ps fired for colluding + only 1 satisfies aic. (but complete diversity exists)
SJ & Cross-Claims
- ☛ related claims from same nucleus of operative fact,
- ☛ claims by D against another D is okay even if aic is not met by the cross-claim
i) any district where D resides (if all Ds reside in same district--diff from FL);
ii) where substantial actions/omission of claim;
iii) if none of the above apply = any district where D is found + subject to pj for this claim.
Service of Process
- ☛ pursuant to rules of state where Court sits is ok.
- ☛ pursuant to rules of state where service occurs is ok.
--feds don't authorize service by certified mail/service on corp with someone other than registered agent.
Timeliness of Answer
☛ within 21 days of formal service; OR
☛ 60 days from date of P's mailing of service waiver request, (if D waives formal process)
Relation Back & Amending to Add new Party
☛ asserts claim arising from same T/O as original;
☛ D received notice of action (within 120 days after service of process), +
☛ D knew or should have known but for a mistake, he would've been named.
- ☛ Ds and/or Ps,
- ☛ some claim involving same T/O or series of t/o,
- ☛ common Q of fact/law to all parties.
Third Party Claim (Implreader)
- ☛ only if D (third party plaintiff)
- ☛ claims third party (to be brought in as third party D)
- ☛ owes D contribution/Indemnity for the original plaintiff's claim. (not because D believes the 3pD is the correctly liable party).
- ☛ Drafts of trial experts are work product.
- ☛ Communications b/w atty & expert = work product.
- ----0--Except: communications relating to compensation, facts, data provided by atty to expert.
Sanctions for Failure to Provide Discovery
☛Motion to Compel Discovery cannot be filed until: moving party makes good faith effort to confer w/opponent to obtain discovery w/out court involvement. (he must certify this to the court)
☛ certification of attempt to confer + moving to compel may be recovered by moving party. including atty fees.
☛ failure to object to improper questions at depos = waives the objection at trial.
- ☛ may be used against any party (present or with notice) for:
-  impeach testimony of deponent;
-  any purpose if court finds deponent (dead); (over 100 miles away--unless abscense is procured by party offering the depo)
-  sick, dead, infirm;
-  any purpose if deponent is adversary.
☛ as of right, only if D hasn't answered or filed motion for summary judgment.
☛ if counter claim pending = can't dismiss if D objects, unless counterclaim remains pending.
- Generally, only final orders may be appealed, EXCEPT:
-  Injunction order (granting, modifying, refusing...etc).
Claim Preclusion (Res Judicata)
- ☑ Valid, final judgment on the merits(earlier), +
- ☑ same claimant against same defendant, +
- ☑ same claim (cause of action, includes all claims arising from same T/O).
Multiparty Multiforum Trial Jurisdiction Act
gives Federal Courts jx:
- (1) Applies to accidents in which at least 75 people have died from a single event, +
- (2) and at least one of the following is true:
- --(a) 1 Defendant resides in a state different from where the accident happened, or
- --(b) any 2 defendants reside in different states, or
- --(c) substantial part of the accident happened in different states.
- * any one with a claim can intervene as plaintiff.
- * nationwide service of process is ok.
The following MUST be filed within 28 days of Entry of Judgment:
- Renewed Motions for Judgment as a matter of law;
- Motion to Amend Judgment;
- Motion for New Trial;
- Motions for Relief from Judgment.