CIV PRO 2

CLASS NOTES

8/18/04 – The five themes of the courses, the five pedagogical objectives, the state of modern litigation

8/19/04 – The story of pleading, Haddle v. Garrison

8/20/04 – Ethical limitations, Rule 11, Walker v. Norwest Corp., Christian v. Mattel, Inc.

8/25/04 – Heightened pleading, Stradford v. Zurich Insurance Co.

8/26/04 – More heightened pleading

8/27/04 – The myth of notice pleading, pleading burdens, Gomez v. Toledo

9/1/04 – Motions, pre-answer motions – Rule 12(b), hypotheticals

9/2/04 – Answer, denials, Zielinski v. Philadelphia Piers, Inc.

9/3/04 – More on Zielinski v. Philadelphia Piers, Inc., affirmative defenses – Layman v. Southwestern Bell Telephone Co., amendments, Beeck v. Aquaslide ‘N’ Dive Corp., statute of limitations and relating back

9/9/04 – Relation back of amendments – Moore v. Baker, Bonerb v. Richard J. Caron Foundation, joinder, Plant v. Blazer Financial Services

9/10/04 – Joinder of parties, Mosley v. General Motors Corp., Price v. CTB, Inc.

9/15/04 – A current affair, complex joinder, Owen Equipment & Erection Co. v. Kroger

9/16/04 – More on Owen Equipment & Erection Co. v. Kroger, the rule of Zahn

9/17/04 – Compulsory joinder – Rule 19, Temple v. Synthes Corp., Helzberg’s Diamond Shops v. Valley West Des Moines Shopping Center

9/22/04 – Intervention – Rule 24, Natural Resources Defense Council v. United States Nuclear Regulatory Commission

9/23/04 – More on intervention, Martin v. Wilks, interpleader – Rule 22, Cohen v. The Republic of the Philippines

9/29/04 – Class actions – Rule 23

9/30/04 – Communities for Equity v. Michigan High School Athletic Assn., Heaven v. Sun Trust Bank

10/1/04 – Hansberry v. Lee, Phillips Petroleum v. Shutts

10/14/04 – Settlement of class actions, Anchem Products, Inc. v. Windsor

10/15/04 – Discovery – Rules 26-37, Davis v. Precoat Metals, Steffan v. Cheney, a hypothetical

10/20/04 – Privilege, disclosures

10/21/04 – Interrogatories and depositions – Rules 30 and 33

10/22/04 – Production of documents – Rule 34, requests for admissions – Rule 36, the intersection between Rules 37 and 26

10/27/04 – Discovery and privacy – Stalnaker v. Kmart Corp.

10/28/04 – Schlagenhauf v. Holder, Hickman v. Taylor, Upjohn Co. v. United States

10/29/04 – Experts, Thompson v. The Haskell Co., Chiquita International Ltd. v. M/V Bolero Reefer

11/3/04 – Missed a day

11/4/04 – Discovery disputes

11/5/04 – Resolution without trial, default judgments – Rule 55, Peralta v. Heights Medical Center

11/10/04 – Settlements, Matsushita Elec. Industrial Co. v. Epstein

11/12/04 – Confidentiality in settlements, Kalinauskas v. Wong

11/17/04 – Arbitration, Floss v. Ryan’s Family Steak Houses, Inc.

11/18/04 – Summary judgment – Rule 56, Adickes v. S.H. Kress & Co., Celotex Corp. v. Catrett

12/2/04 – Judicial management of litigation, Sanders v. Union Pacific Railroad, McKey v. Fairbairn

12/3/04 – Judgment as a matter of law – Rule 50, Pennsylvania Railroad v. Chamberlain

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