Civil procedure

744 Pages·2013·5.001 MB·English

by  Joseph W. Glannon

Civil Procedure
Seventh Edition
Joseph W. Glannon
Professor of Law
Suffolk University Law School
0 Wolters Kluwer
Law & Business
Copyright © 2013 Joseph. W Glannon.
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ISBN 978-1-4548-1548-8
Library of Congress Cataloging-in-Publication Data
Glannon, Joseph W
Civil procedure / Joseph W Glannon, Professor of Law, Suffolk University Law School.—
Seventh edition.
pages cm.— (Examples & explanations)
Includes bibliographical references and index.
ISBN 978-1-4548-1548-8 (perfectbound : alk. paper)
1. Civil procedure—United States—Problems, exercises, etc. I. Title.
KF8841.G58 2013
347.73'5—dc23
2013000013
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EDITORIAL ADVISORS
Vicki Been
Elihu Root Professor of Law
New York University School of Law
Erwin Chemer insky
Dean and Distinguished Professor of Law
University of California, Irvine, School of Law
Richard A. Epstein
Laurence A. Tisch Professor of Law
New York University School of Law
Peter and Kirsten Bedford Senior Fellow
The Hoover Institution
Senior Lecturer in Law
The University of Chicago
Ronald J. Gilson
Charles J. Meyers Professor of Law and Business
Stanford University
Maxc and Eva Stem Professor of Law and Business
Columbia Law School
Janies E. Krier
Earl Warren DeLano Professor of Law
' The University of Michigan Law School
Richard K. Neumann, Jr.
Professor of Law
Maurice A. Deane School of Law at Hofstra University
Robert H. SitkofF
John L. Gray Professor of Law
Harvard Law School
David Alan Sklansky
Yosef Osheawich Professor of Law
University of California at Berkeley School of Law
Kent D. Syverud
Dean and Ethan A. H. Shepley University Professor
Washington University School of Law
Civil Procedure
Contents
Preface to Students xiii
■ Acknowledgments xv
Special Notice xv ii
PART I. CHOOSING A PROPER COURT
Chapter I Personal Jurisdiction: The Enigma of
Minimum Contacts 3
Chapter 2 Statutory Limits on Personal Jurisdiction:
The Reach and Grasp of the Long-Arm 27
Chapter 3 Seeking the Home Field Advantage:
Challenges to Personal Jurisdiction 47
Chapter 4 Federal Questions and Federal Cases:
Jurisdiction over Cases “Arising under”
Federal Law 63
Chapter 5 Diversity Jurisdiction: When Does
Multiplicity Constitute Diversity? 89
Chapter 6 Personal and Subject Matter Jurisdiction
Compared: The First Two Rings 109
Chapter T Second-Guessing the Plaintiff’s Choice of
Forum: Removal 123
Chapter 8 Proper Venue in Federal Courts: A Rough
Measure of Convenience 141
Chapter 9 Choosing a Proper Court: The Three Rings
Reconsidered 159
PART II. STATE LAW IN FEDERAL COURTS
Chapter 10 Easy Erie: The Law of Rome and Athens 177
Chapter 11 • Eerie Erie: The Substance/Substance Distinction 201
Chapter 12 Erie and State Choice of Law: Vertical
Uniformity and Horizontal Chaos 229
Contents
PART III. THE SCOPE OF THE ACTION
Chapter 13 Sculpting the Lawsuit: The Basic Rules of Joinder 253
Chapter 14 Into the Labyrinth: Joinder of Parties
under Rule 14 271
Chapter 15 Essentials and Interlopers: Joinder of
Parties under Rules 19 and 24 283
Chapter 16 Jurisdictional Fellow Travelers: Supplemental
Jurisdiction 309
Chapter 17 Jurisdiction vs. Joinder: The Difference
between Power and Permission 333
PART IV. STEPS IN THE LITIGATION PROCESS
Chapter 18 The Bearer of BadTidings: Service of Process
in the Federal Courts 347
Chapter 19 Getting Off Easy: The Motion to Dismiss 369
Chapter 20 When Justice So Requires: Amendments
to Pleadings under the Federal Rules 385
Chapter 21 The Scope of Discovery: The Rules
Giveth, and the Rules Taketh Away 409
Chapter 22 Tools of the Trade: The Basic Methods
of Discovery 435
Chapter 23 Defective Allegation or Insufficient Proof?
Dismissal for Failure to State a Claim
Compared to Summary Judgment 473
Chapter 24 The Judge and the Jury, Part One: Judgment
as a Matter of Law (Directed Verdict) 495
Chapter 25 The'Judge and the Jury, Part Two: Whose
Case Is This, Anyway? 517
PART V. THE EFFECT OF THE JUDGMENT
Chapter 26 Res Judicata (Claim Preclusion): The Limits
of Procedural Liberality 541
Chapter 27 Res Judicata and the Rules of Joinder: When
Does May Mean Must? 561
Contents
Chapter 28 Collateral Estoppel (Issue Preclusion):
Fine-Tuning the Preclusion Doctrine 575
Chapter 29 The Obscure Kingdom: Nonmutual
Collateral Estoppel 593
PART VI. THINKING PROCEDURALLY: THE
RULES IN ACTION
Chapter 30 An Introduction to the Pretrial Litigation
Process: Setting the Stage for the
Schulcmsky Case 615
Chapter 31 First Moves: Schulansky Goes to Court 627
Chapter 32 A Change of Forum: Ronan Removes
to Federal Court 647
Chapter 33 The Defendants’ Perspective:
Ronan’s Answer and Counterclaim 659
Chapter 34 Chain Reaction: Ronan Brings in Jones 675
Chapter 35 Preliminary Objections: Jones Seeks a
Way Out 687
Table of Cases 707
Index 715
I dedicate this book to my parents,
Edward and Helen Qlannon
Preface to Students
Everyone comes to law school with some idea of what a contract is or
the meaning of assault and battery, but who ever heard of supplemental
jurisdiction, impleader, or res judicata? Abstract concepts such as these make
civil procedure the most unfamiliar and intimidating of the basic law school
courses.
However, civil procedure can also be fascinating if you can get by the
initial strangeness. Many of the topics covered in the course appear baffling
upon first acquaintance but begin to make sense when you see how they
apply in particular cases and how they relate to other topics in the course.
The goal of this book is to demystify civil procedure by providing concrete
examples of procedural doctrines and rules in operation, together with full
explanations of how these abstract concepts apply to each example.
Most casebooks contain major or representative cases but provide litde
discussion of what the cases mean or “what the law is” on a particular topic.
I hope that you will find, as my students have, that the discussion in this
book helps to tie the cases together into a coherent picture of the law. In addi­
tion, the opportunity to try your hand at the examples and then to compare
your answers with mine will provide an incentive to analyze the examples
and make that process more rewarding—perhaps even enjoyable.
Each chapter (except for the pleading chapters in Part VI) includes an
introduction that gives a basic explanation of the relevant procedural con­
cept followed by a series of examples. The “Explanations” section of each
chapter presents my analysis of the examples in that chapter. The most effec­
tive way to use the book is to read each chapter when that topic is covered
in your civil procedure course and to try to answer the questions yourself,
based on my introductions and your reading for class. To keep yourself hon­
est, write out your own analysis of each example, if only in a few sentences,
before comparing it to mine. You may also want to review the chapter again
after class coverage or discuss with your civil procedure professor any issues
that you don’t fully understand.
One of my principal frustrations as a first-year law student was that the
questions posed in the casebooks were too hard. (Many are still beyond me,
even after teaching procedure for many years.) I think you will find that
the examples in this book are geared to cover the basics as well as more
sophisticated variations; you really will be able to answer many of them, and
the explanations will help to deepen your understanding of the issues.