Tuesday, Wednesday and Friday at 3:00 in Classroom B

Transcription

1 Civil Procedure Section X Fall 2018 Professor David Shipley General Course Information Meeting time: Tuesday, Wednesday and Friday at 3:00 in Classroom B Contact Information: Professor David Shipley 323 Rusk Hall, , shipley@uga.edu My staff assistant is Shawn Lanphere, shawlan@uga.edu, 206 Rusk Hall Attendance: Course objective: Teaching method: I will pass roll in each class to keep track of attendance. Please initial the roll. Under the ABA s accreditation standards regular and punctual class attendance is necessary to satisfy residence and class hour requirements. In a four credit course such as Civil Procedure this means no more than 6 absences out of our 40+ class sessions. Civil Procedure is concerned with the process of adjudication by which courts resolve disputes brought to them as lawsuits. The course considers the rules of procedure governing civil actions in the federal courts and many state trial courts with emphasis on selecting the proper forum, bringing the necessary parties before the court, stating claims for relief, gathering information to support or rebut claims, resolving disputed issues by summary procedures or by trial, basic choice of law problems, and basic principles of former adjudication. Class discussion of cases, statutes, rules, doctrines, concepts and problems plus some lecture. I expect everyone to be thoroughly prepared for each class session. Good lawyers are always well prepared. If you are not prepared for class, you must inform me before class begins. You may use your laptops in class so long as you do not abuse this privilege and I ll decide what constitutes abuse. 1

2 Evaluation: Course Materials: Outside Reading: Consultation: Assignments: There will be a final exam given during the regular exam period. This will be an open book/open notes exam. You may bring and use your own outline but not commercial materials, study aids, horn-books, texts and treatises. You may use your laptop computers in writing the exam in accordance with the School of Law s computer policy. Anonymous grading will be used. Class participation and attendance may be taking into account in assigning final grades. Stephen Yeazell & Joanna Schwartz, Civil Procedure (9 th Edition 2016) plus the 2018 Federal Rules of Civil Procedure supplement published by Aspen for the Yeazell & Schwartz casebook. There are many good study aids for Civil Procedure including Freer, Civil Procedure, Glannon, Civil Procedure: Examples and Explanations, Kane, Civil Procedure in a Nutshell, Mullenix, Leading Cases in Civil Procedure, Shreve & Raven- Hansen, Understanding Civil Procedure, and Civil Procedure Stories (multiple contributors). Many of these texts are on reserve in the library. I encourage you to read and use them before deciding whether you want to purchase your own copy. The leading multiple volume treatise on civil procedure is Wright, Miller & Cooper, Federal Practice and Procedure. It is on reserve in the library. My office is Room 323 in Rusk Hall. I have no set hours, but I am generally available when I am not preparing for this class or my Administrative Law class. It meets on Tuesday, Wednesday and Friday at 11:00 pm. My staff assistant is Ms. Shawn Lanphere. Her office is 206 Rusk which is on the 2 nd floor of Rusk Hall across from the Sanders Boardroom. She leaves messages for me but I usually schedule my own appointments. Do not hesitate to contact me by at shipley@uga.edu or come by my office in Rusk Hall if I am there and my door is open, I probably have time to talk. If the door is closed, I might be eating lunch, preparing for class, or away from school Specific assignments for what we will cover each week will be posted every Friday before the start of class and on a class listserv. It is difficult for me to give you a exact estimate of how much we will cover each day but a class by class outline of our coverage for the fall semester is set forth below. We will do our best to stick with this schedule. 2

3 PLEASE NOTE THAT SEVERAL OF REGULAR WEDNESDAY AND FRIDAY CLASSES HAVE BEEN RESCHEDULED FOR THURSDAYS THROUGHOUT THE TERM Adjudicatory Power: Choosing Courts The Limits of Judicial Power over Defendants; Personal Jurisdiction Class 1: Tuesday, August 14: - Pages 1 to 19 in the casebook plus the pertinent rules and code sections in the supplement - subject matter jurisdiction, personal jurisdiction, service of process, and the lawyer s responsibility. Class 2: Wednesday, August 15: - Pages 63 to 88 Pennoyer to International Shoe Class 3: Friday, August 17: Pages 89 to 102 McGee, Hanson v. Denkla and Shaffer Class 4: Tuesday, August 21: - Pages 103 to 124 World Wide VW and Nicastro Class 5: Wednesday, August 22: - Pages 125 to 143 Personal jurisdiction and websites, start on general jurisdiction with Goodyear and Daimler Class 6: Friday, August 24: Pages 143 to 159 Complete general jurisdiction with Burnham; consent as a substitute for power with Carnival Cruise. Class 7: Tuesday, August 28: - Pages 160 to 175 Notice and service of process. Class 8: Wednesday, August 29: - Pages 175 to 186 Venue. Class 9: Thursday, August 30 - Pages 186 to 199 Transfer and forum non conveniens. This is a rescheduled class. We will not meeting on Friday, the 31 st. Class 10: Tuesday, September 4: Wrap Up Day Subject Matter Jurisdiction Class 11: Wednesday, September 5: - Pages 205 to 219 The idea of subject matter jurisdiction and L&N RR v. Mottley. Class 12: Friday, September 7: - Pages 220 to 234 Diversity jurisdiction and amount in controversy. Class 13: Tuesday, September 11: - Pages 234 to 242 Supplemental jurisdiction. Class 14: Thursday, September 13: - Pages 242 to 251 Removal. This is a rescheduled class. We are not meeting on Wednesday, the 12 th. The Erie Doctrine 3

4 Class 15: Friday, September 14: - Pages 255 to 274 Swift (history), Erie, Guaranty Trust, and Byrd. Class 16: Tuesday, September 18: - Pages 274 to 291 Hanna, Semtek and other odds and ends. Class 17: Wednesday, September 19: - Wrap up and catch up. Pleading Class 18: Friday, September 21: - Pages 19 to 22 and 367 to 386 Bell v. Novick Transfer and the Haddle v. Garrison saga Class 19: Tuesday, September 25: to 403 Sorting strong from weak pleadings, Rule 12(b)(6) and Iqbal Class 20: Thursday, September 27: - Pages 403 to 415 Special pleading rules and allocating the burdens. This is a rescheduled class. We are not meeting on Wednesday, the 26 th. Class 21: Friday, September 28: - Pages 416 to 429 Rule 11 and ethical limitations in pleading generally Class 22: Tuesday, October 2: - Pages 22 to 28 and 429 to 445 The answer, affirmative defenses and the reply. Class 23 Wednesday, October 3: - Pages 445 to 458 Amendments. No class on Friday, October 5. I have meetings out of town. Class 24: Tuesday, October 9: - Wrap up and catch up. Discovery Class 25: Thursday, October 11: - Pages 463 to 481 The stages of discovery, the required disclosures, and the fundamental tools. This is a rescheduled class. We will not have class on Wednesday, the 10 th. Class 26: Friday, October 12: - Pages 32 to 38 and 481 to 495 The scope of discovery. Class 27: Tuesday, October 16: - Pages 495 to 508 Trial preparation material and experts. Class 28: Wednesday, October 17: - Pages 508 to 523 Ensuring compliance, discovery abuses, spoliation, e-discovery and sanctions. 4

5 Resolution without trial Class 29: Friday, October 19: - Pages 38 to 44, and 578 to 581 Summary judgment Class 30: Tuesday, October 23: - Pages 582 to 598 More on summary judgment. Trial Class 31: Thursday, October 25: - Pages 603 to Judges, the jury, and jury selection. This is a rescheduled class. We will not have class on Wednesday, the 24 th. Class 32: Friday, October 26: - Pages 629 to 651 and 42 to 49 The final conference, size and decisional rules, and judgment as a matter of law. Class 33: Tuesday, October 30: - Pages 651 to 666 New trials and the jury as a black box. Class 34: Wednesday, October 31: - Catch up day. Former Adjudication Class 35: Friday, November 2: - Pages 49 to 52 and 715 to 727 Former adjudication generally and then start concentrating on claim preclusion. Class 36: Tuesday, November 6: - Pages 727 to 744 Between the same parties and after a final judgment. Class 37: Thursday, November 8: - Pages 744 to 765 Issue preclusion basics including non-mutual collateral estoppel. This is a rescheduled class. We will not have class on Wednesday, November 7. Class 38: Friday, November 9: - Pages 765 to 779 The boundaries of preclusion, collateral attacks and reopened judgments. Additional claims and additional parties Class 39: Tuesday, November 13: - Pages 28 to 32 and 783 to 798 Parties to the lawsuit, joinder of claims, and counterclaims. Class 40: Wednesday, November 14: - Pages 798 to 812 More of joinder of parties, third-party claims, and supplemental jurisdiction. Class 41: Friday, November 16: - Wrap up and catch up. The final exam is scheduled for Monday, December 3 at 9:00 am. 5