Civil Procedure I Outline

Prof. Huber

Civil Procedure I

Spring 2013

Civil Procedure 1 – Outline

I. Rule 8(a)(1) – Short and plain statement on the grounds of Ct Juris

a. Personal Jurisdiction – PJ is the ct’s power over the parties to the case. Jurisdiction over the person/ power over the person to render a binding judgment

i. If jurisdiction is in personam, the court may not exercise that jurisdiction unless D has minimum contacts with state in which the court sits. ∆ has to have taken actions that were purposefully directed (purposeful availment) towards the forum state.

1. States will have PJ over a ∆ In Personam:

a. Where ∆ is physically present w/in the state and is served w/ process while there, OR

b. ∆ is domiciled w/in the state, OP

i. “Domicile”: A person’s true, fixed, principal, and permanent home, to which that person intends to return and remain.

ii. State of mind

ii. Physical Presence – A Court ALWAYS has jur. over a person physically present w/in its territory and who is served w/ process while there.

1. States have dominion over those who live in the state or temporarily there,

2. There’s no burden to ∆’s to have to litigate in their own state or a state which their visiting (courts felt this displays that it’s not a burden to them)

b. Subject Matter Jurisdiction – the authority to adjudicate and decide a case. Fed ct must have Juris in every claim, Ct can have per juris, but has to have SM juris to be a binding judgment. Have to either arise under one of two things: Diversity or Fed question.

i. Federal Question Jurisdiction – Art 3 sec 2 of the US Constitution gives fed cts the authority to hear “all cases in Law and equity, arising under this constitution, the Laws of the US, and Treaties. 28 U.S.C. $1331 says the district cts shall have original Juris of all civil actions arising under the constitution, laws, or Treaties of the US

ii. Diversity Jurisdiction – Complete diversity of citizenship: No P may be a citizen of the same state as any D

1. Refers to suits between

a. Citizens of diff states

b. Citizens of a state and Citizens of a foreign state

c. Citizen of diff states and in which citizen of a foreign state as additional parties

2. Jurisdictional amt requires in excess of $75,000

iii. Hawkins v. Masters Farms, Inc.

1. Facts: P was hit by a truck own by D in Kan. P lived Missouri all his life and had car registered there. P had been living in Kan with new wife and had belongings at the apt.

2. Issue: To determine diversity juris, is a person a

a. Rule: to determine diversity juris, a person is a citizen of the state in which he is domiciled, which for adults is established by physical presence in a place in connection with the intent to remain there.

b. Motion to dismissed granted for lack of SM juris due to lack of Diversity

iv. Challenging SM Juris

1. Rule 12(b)(1): Motion to Dismiss – lack of SM Juris

2. Rule 12(h)(3): same

c. Service of Process – must begin the action and notify the D that action has begun

i. Need to draft a complaint

ii. Rule 4 – sets forth basic means of notice

1. Inexpensive – waiver of service, mails the complaint to D, if D mails signed copy back then the suit proceeds

2. Expensive – requires the lawyer to draft a summons and take it to the clerk of the court, who will sign and seal it.

3. The summons and complaint must be served by one of the ways authorized by the Rule 4

d. Lawyer’s responsibility – A complaint asks the formal legal system to use governmental power to grant P relief, and those invoking that system also bear the responsibility not to invoke it for improper purposes

i. Bridges v. Diesel Service, Inc.

1. Facts: P commenced this action against D under the ADA alleging that hs employer dismissed him from his job as a result of disability. The ADA required P to file a charge with the EEOC. P didn’t file with the EEOC until after the commencement of the action. D moved for sanctions under Rule 11

a. Rule: Fed R Civ Pro 11 imposes an obligation on counsel and client to stop, think, investigate, and research before filing papers either to initiate the suit or to conduct the litigation.

2. Holding: Case was dismissed without prejudice for failure to exhaust admin remedies. Didn’t impose any sanctions since the lawyer acknowledge his error and attempted to rectify the situation.

II. Rule 8(a)(2) – Pleading: Jurisdiction and Short and Plain Statement Entitlement to Relief

a. P’s Story, D’s Story- competitive story telling

i. Rule 8(b) – At common law the defense is known as a traverse; today know as a denial.

ii. Rule 12(b) – series of such defenses that do not require the D to say whether the allegation of the complaint are true. They state that there is some other defect in the case that should cause the ct to dismiss it before the D has to answer.

b. Defining the Law

i. Handle v. Garrison

1. Facts: Haddle (P), an employes at Healthmaster (D), alleged that he was terminated in an .attempt to deter his participation as a witness at a federal crimi­nal trial. Haddle (P) filed suit in district court for viola­tion of § 1985(2) of the Civil Rights Act. Healthmaster (D) and their officers (D) moved to dismiss for failure to state a claim upon which relief cm be granted. They argued that because Haddle (P) was a at-will employee, there was no actual injury as required by § 1985(2).

a. Rule: By means of the described actions, and their agreement and plan to do the same, Defendants have violated 42 U.S.C. §1985(2), in that they have conspired within the State of Georgia to deter, by force, intimidation or threat, a party or witness in the United States District Court for the Southern District of Georgia, from attending such court, or from testifying in any matter pending therein, freely, fully, and truthfully, or to injure such party or witness in his person or property on account of his having so attended or testified, or to influence the verdict, presentment, or indictment of the grand jurors of such court.

b. Rule 12(b)(6) – P has failed to state a claim upon which relief can be granted. Even if everything you allege is true, the law affords you no relief.

2. Holding: Tr ct granted D 12(b)(6) motion to dismiss b/c under the facts alleged in the complaint, the law would not grant recovery. Might have been a conspiracy but the dis-charge of an at-will employee, who doesn’t have a constitutional protected property interest in continued employment, does not constitute an actual injury. Under appeal the ct found that 42 U.S.C. §1985(2) doesn’t focus on the deprivation of property, but it is directed against intimidation or retaliation against witnesses. The Ct reversed and held that the complaint was sufficient to state a claim.

c. Sorting Strong Cases from Weak Cases

i. Ordinary cases: How much detail

1. Rule: FRCP 8(a) – Claim for Relief. A pleading that states a clam for relief must contain

a. a short and plain statement of the grounds for the court’s jurisdiction unless the court already has jurisdiction and the claim needs no new jurisdictional support;

b. a short and plain statement of the claim showing that the pleader is entitled to relief; and

c. a demand for judgment for the relief sought, which may include relief in the alternative or different types of relief.

2. Bell Atlantic v. Twombly

a. Facts: Plaintiffs were subscribers to local phone and internet services. They alleged that Bell Atlantic and local telephone companies violated that anti-trust laws by agreeing not to compete with each other and by agreeing to exclude other potential competitors, allowing each local phone company to monopolize its own market. Ct viewed antitrust statutes and determine that