Class
Notes
8/18/03 – Civil Procedure: What is it? Gordon v.
Steele
8/19/03 – Why go forum shopping? The judge’s reasoning in Gordon
8/20/03 – Pennoyer,
notice, service of process
8/21/03 – Review of Pennoyer,
in personam, in rem, quasi in rem, Field’s vision of power and jurisdiction,
collateral attack
8/25/03 – More quality time with Pennoyer, a few
hypotheticals from the notes, Field’s dicta
8/26/03 – Power, consent and notice; Harris v. Balk,
Hess v. Pawloski, Rule 12
8/27/03 – Hierarchy of Rule 12(b) motions,
hypotheticals on Rule 12, International
Shoe Co. v. Washington
8/28/03 – The Shoe model for personal
jurisdiction, a graphical representation of the model (not pictured), general
and specific jurisdiction, hypotheticals on Shoe
9/2/03 – Shaffer v.
Heitner, shareholder derivative actions, “Shoe rules everything around
me”, a hypothetical
9/3/03 – Review of Shaffer,
one more hypothetical, a review of the two types of quasi in rem
actions, notice and foreseeability, concurring opinions in Shaffer, McGee v. International Life
Insurance Co., Hanson v. Denckla
9/4/03 – McGee again, Hanson as the evil twin of McGee, Harrods, World-Wide Volkswagen v. Woodson
9/8/03 – The two functions of the Shoe test, the “convenience”
prong and White’s factors, minimum contacts in World-Wide
9/9/03 – Forum shopping and other tactics, Asahi Metal Industry Co. v.
Superior Court
9/10/03 – O’Connor on fair play, “stream of commerce
plus”, the Asahi
dissenters
9/11/03 – The application of Asahi in the Circuit Courts, Scalia fever, Burger King Corp. v. Rudzewicz, Brennan confuses us
9/15/03 – Minimum contacts as a threshold, forum
selection, contracts are not contacts per se
9/16/03 – Rule 4(k), personal
jurisdiction and the Internet, Zippo
9/17/03
– Washington
Equipment Manufacturing Co. v. Concrete Placing Co., Helicopteros Nacionales de Colombia S.A. v. Hall, Perkins v. Benguet,
Rosenberg Bros. & Co. v. Curtis Brown Co., Blackmun slices and dices
minimum contacts
9/18/03 – Finishing up Helicopertos, Burnham v. Superior Court, Scalia’s
“tradition!” v. Brennan’s Shoe
and Shaffer.
9/22/03 – Grace v. MacArthur, Carnival Cruise Lines, Inc. v. Shute,
policy comes to the fore, interesting procedural points in Carnival
9/23/03 – Notice – Mullane v. Central Hanover Bank
& Trust Co., procedural posture, jurisdiction and notice in Mullane, the limits of Mullane
9/24/03 – Rule 4(d)
on waiver of service of process, Yeazell’s Rule 4 questions
9/25/03 – Gibbons v.
Brown, “long-arm” statutes
9/30/03 – Venue: what is it? The structure of the federal venue statute, problems on venue, Dee-K Enterprises, Inc. v.
Heveafil Sdn. Bhd., jurisdiction and venue in Dee-K
10/1/03 – Why venue? Piper
Aircraft v. Reyno, a catalog of strategic maneuvers, the Gilbert
balancing test
10/2/03 – Applying the Gilbert
factors to Piper, choice of law,
transfer of venue – 28
U.S.C. § 1404, what does Piper mean? Remember Asahi?
10/13/03 – Terminology of federal jurisdiction, sources
of federal subject matter jurisdiction, federal question jurisdiction – Louisville & Nashville
Railroad v. Mottley, the Well-Pleaded Complaint Rule, constitutional
versus statutory power
10/14/03 – Diversity jurisdiction, Mas v. Perry, the Rule of Complete Diversity
10/15/03 – Hypotheticals on Mas,
Saadeh v. Farouki, amount in
controversy
10/16/03 – Injunctions and aggregation, hypotheticals on amount in controversy, why
diversity jurisdiction? Supplemental
jurisdiction, United Mine Workers v.
Gibbs, pendant jurisdiction, ancillary jurisdiction, pendant party
jurisdiction
10/20/03 – 28 U.S.C. § 1367, Finley
v. United States, § 1367(b), Owen v. Kroger, hypothetical, what
about Zahn? § 1367 (c), removal, Caterpillar
v. Lewis
10/21/03 – More on Caterpillar,
the
10/22/03 – Still in Erie, Brown & Yellow Taxicab
Co. v. Black & White Taxicab Co., what’s unconstitutional? Erie
as theory, Guaranty Trust Co. v. York
10/23/03 – More easy Erie, Guaranty Trust Co. v. York, eerie Erie, Byrd v. Blue Ridge Rural Electric
Cooperative, the Byrd
Balancing Test, an example of Byrd
10/27/03 – Review, Hanna
v. Plumer, the twin aims of Erie,
one test for Erie problems, some
hypotheticals, another test, Burlington National Railroad v. Woods, Stewart
Organization, Inc. v. Ricoh, Walker v. Armco Steel Corp., the ghost
of Ragan, Gasperini v. Center for Humanities, Inc.
10/28/03 – Choice of law, Gries
v. Modell, the most significant relationship test, Morgan v. Biro, hypothetical
10/29/03 – Survey!
The big picture of contemporary litigation, incentives to litigate, United States v. Hatahley, the open
market rule, the mitigation principle, individualized pain and suffering
10/30/03 – Punitive damages, Honda Motor Co. v. Oberg, BMW of North America v. Gore
11/10/03 – Degree of reprehensibility, ratio between
actual damages and punitive damages, comparable sanctions, Cooper Industries
v. Leatherman Tool Group, Inc., State Farm v. Campbell, financing
litigation, the American Rule v. the English Rule, characteristics of the
American Rule, insurance, contingency fees, legal aid and pro bono
11/12/03 – Fee shifting, Rule 68 and Fee
Shifting Statutes, Evans v. Jeff D.
11/13/03 – Provisional remedies, Fuentes v. Shevin, the constitutional issue,
procedural due process
11/17/03 – Fuentes small
and Fuentes grande, Bridges v. Diesel Service, Inc., Rule 11, Bell v. Novick Transfer Co., Rule 8, Rule 9(b), notice
pleading versus heightened pleading
11/18/03 – Joinder, a hypothetical, Temple v. Synthes Corp.
11/19/03 – Discovery, Butler
v. Rigby
11/20/03 – More on discovery, summary judgment, Houchens v. American Home Assurance
Co.
12/1/03 – A quick look back at Houchens, Norton v. Snapper Power Equipment
12/2/03 – Quick review of yesterday, preclusion – Rush v. City of Maple Heights, claim
preclusion versus issue preclusion
12/3/03 – Frier v.
City of Vandalia,
12/5/03 – Martino
v. McDonald’s System, Inc., Searle
Brothers v. Searle
12/8/03 – Issue preclusion, Illinois Central Gulf
Railroad v. Parks
12/9/03 – A procedural vision