Civ
Pro 2 Notes
Resolution without trial
There
are fewer and fewer actual trials, even though there are many, many more cases! The data that Fairman is showing us is just
for federal trials. Most cases are state
cases, though. And when we look at what
happens in the states, the data is about the same. Lots of cases settle, around 70% of them. Rule 12 motions dispose of a certain number of
cases. Default judgments can cause the
end of suits. Summary judgment,
dismissals, and ADR are other options.
Default judgments – Rule 55
Here
are Paula and Darlene. Paula sues
Darlene for negligence. Twenty days pass,
but nothing happens. Can you ask for
default judgment? One option is if you
are asking for a sum certain amount. On the other hand, if it’s not a sum certain,
you must go before the court. You’ll
have to prove the damages before the judge so that the judge can enter judgment
for an amount. This isn’t particularly
cumbersome because there’s nobody on the other side. So in this example, it’s a car wreck so we
don’t have a sum certain. You’ll have to
go to the judge. What could Darlene do
about this? Rule 54(c) says you can set
aside a default judgment for good cause.
This Rule uses Rule 60 as a standard for when a court will set aside a
previous ruling.
Peralta v.
This
is a Supreme Court case generated by the state of
Justice
White says that to have due process, you need notice that is reasonably
designed to tell parties what’s up. But
if Peralta has no meritorious defense, why isn’t that just the end? The difficult thing is the question of
whether there was notice. Peralta had
every opportunity to respond to the suit outside of court. But he chose not to. This is a hard-line notice view! The reality is that Peralta had actual
notice. But the Court doesn’t care! What can the hospital do now? Can they still get Peralta?
If
your suit gets involuntarily dismissed under Rule 41, you win. They can’t file the lawsuit again. It’s a determination on the merits. Voluntary dismissal, on the other hand, is
governed by Rule 41(a), and it provides for voluntary dismissals either by answer
or agreement.