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About Wolters Kluwer Legal &
Regulatory Solutions U.S.
Wolters Kluwer Legal & Regulatory Solutions U.S. delivers expert
content and solutions in the areas of law, corporate compliance, health
compliance, reimbursement, and legal education. Its practical solutions
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management, dynamic workflow solutions, and expert commentary.
 For Matthew, Joel, and Kate

For a dear friend and former colleague

Dean Fred Lower,
who forty years ago gave me the chance
to begin teaching Civil Procedure

For Aaron
ix

SUMMARY OF CONTENTS

Contents
Preface
Acknowledgments

Introduction
I. Pleadings and Related Motions
II. Personal Jurisdiction
III. Service of Process and Notice
IV. Subject Matter Jurisdiction
V. Venue, Transfer, and Forum Non Conveniens
VI. The Erie Doctrine and Related Problems
VII. Discovery
VIII. Joinder of Claims and Parties
IX. Class Actions
X. Adjudication Without Trial
XI. Trial
XII. Appellate Review
XIII. The Binding Effect of a Final Judgment

Table of Cases
Table of Authorities
Index
xi

CONTENTS

Preface
Acknowledgments

Introduction

A. The State and Federal Judicial Systems

1. State Judicial Systems
2. The Federal Judicial System
B. State and Federal Court Caseloads
1. State Court Caseloads
2. Federal Court Caseloads

Chapter I. Pleadings and Related Motions

A. Code Pleading
Epstein v. M. Blumenthal & Co.
Notes and Questions
Problem 1-1
Doe v. City of Los Angeles
Notes and Questions
Problem 1-2
B. Notice Pleading and the Federal Rules of Civil Procedure
1. The Complaint
a. Rule 8
b. Foundational Cases and Developments
 Conley v. Gibson
Notes and Questions
Problems 1-3–1-5
A Note on Exceptions to Rule 8
Leatherman v. Tarrant County Narcotics
Intelligence and Coordination Unit
Notes and Questions
Problems 1-6–1-7
c. Recent Developments
Bell Atlantic Corp. v. Twombly
Notes and Questions
Problem 1-8
Ashcroft v. Iqbal
Notes and Questions
A Note on Plausibility, Inferences, and
Pleading Sufficiency

xii

d. Twombly and Iqbal Applied

Swanson v. Citibank, N.A.
Notes and Questions
McCleary-Evans v. Maryland Department of
Transportation
Notes and Questions
Littlejohn v. City of New York
Notes and Questions
Problem 1-9
2. The Answer
King Vision Pay Per View, Ltd. v. J.C.
Dimitri’s Restaurant, Inc.
Notes and Questions
Problems 1-10–1-11
 3. Rule 12(b) Motions to Dismiss
Johnson v. City of Shelby
Notes and Questions
Kirksey v. R.J. Reynolds Tobacco Co.
Notes and Questions
Problems 1-12–1-13
C. Pleading Review Problem
Problem 1-14

Chapter II. Personal Jurisdiction

A. Pennoyer v. Neff and the Rule of Territoriality

Pennoyer v. Neff
Notes and Questions
Problems 2-1–2-3
B. Traditional Bases of Personal Jurisdiction
1. Personal Jurisdiction
a. Domicile
b. Voluntary Appearance
c. Consent to Service on an Agent
d. Transient or Tag Jurisdiction
2. In Rem and Quasi in Rem Jurisdiction
Harris v. Balk
Notes and Questions
Problem 2-4
3. The Advent of Fictions
C. The Modern Law of Jurisdiction
1. International Shoe — Jurisdiction Beyond Fictions and
Tradition
International Shoe Co. v. Washington
Notes and Questions

xiii
2. Establishing a Statutory Basis for Jurisdiction beyond
the Traditional Forms
3. Due Process: The Nonresident Defendant’s
Connections with the Forum State
a. Contracts
McGee v. International Life Insurance Co.
Notes and Questions
Hanson v. Denckla
Notes and Questions
Burger King Corp. v. Rudzewicz
Notes and Questions
Problems 2-5–2-7
b. Torts
Calder v. Jones
Notes and Questions
Problems 2-8–2-10
Walden v. Fiore
Notes and Questions
A Note on the “Stream of Commerce”
Theory
J. McIntyre Machinery, Ltd. v. Nicastro
Notes and Questions
A Note on the Stream-of-Commerce
Theory Today
Problems 2-11–2-12
A Note on Personal Jurisdiction and the
Internet
Problems 2-13–2-14
4. Due Process: The Relatedness Requirement
Nowak v. Tak How Investments, Ltd. [Part I]
Notes and Questions
Problem 2-15
5. Due Process: The Reasonableness Requirement
 Asahi Metal Industry Co., Ltd. v. Superior
Court of California
Notes and Questions
Nowak v. Tak How Investments, Ltd. [Part
II]
Notes and Questions
Problems 2-16–2-17
6. Due Process: General Jurisdiction
Daimler A.G. v. Bauman
Notes and Questions
Problems 2-18–2-19

xiv

D. Minimum Contacts and the Traditional Bases of

Jurisdiction
Problem 2-20
E. Exercising Jurisdiction Under Federal Long-Arm Provisions
1. Federal Long-Arm Provisions
2. Minimum Contacts at the National Level
Problem 2-21
F. Challenging Lack of Personal Jurisdiction over the
Defendant
1. The Burden of Proof
2. Direct Attack
3. Collateral Attack
Problems 2-22–2-23
G. Personal Jurisdiction Review Problems
Problems 2-24–2-25

Chapter III. Service of Process and Notice

A. The Mechanics of Service: Rule 4

1. Request for Waiver of Service
 Problem 3-1
2. Formal Service of Summons and Complaint
a. Individuals
Problem 3-2
b. Corporations, Partnerships, and Associations
American Institute of Certified Public
Accountants v. Affinity Card, Inc.
Notes and Questions
c. Defendants Served in a Foreign Country
d. Substantial Compliance
Problem 3-3
3. Time Limit for Effecting Service: Rule 4(m)
B. The Due Process Right to Notice
Mullane v. Central Hanover Bank & Trust
Co.
Notes and Questions
Problems 3-4–3-5
Jones v. Flowers
Notes and Questions
Problems 3-6–3-7
A Note on Challenging Service of Process
You’ve Got Mail
C. Pre-filing Waiver and Consent
Underwood Farmers Elevator v. Leidholm
Notes and Questions

xv

D. Policy-Based Immunities and Exemptions

1. Participation in Legal Proceedings in the Forum State
2. Trickery or Fraud
Problems 3-8–3-9
E. Notice and Hearing When Property Is Attached
 Connecticut v. Doehr
Notes and Questions
Problems 3-10–3-12
F. Service of Process and Notice Review Problems
Problem 3-13–3-15

Chapter IV. Subject Matter Jurisdiction

A. Subject Matter Jurisdiction in Federal Courts

1. The Constitutional and Statutory Dimensions of
Subject Matter Jurisdiction in Federal Courts
2. Federal Question Jurisdiction
a. Article III “Arising Under” Jurisdiction
Problem 4-1
b. Statutory “Arising Under” Jurisdiction: The Federal
Question Jurisdiction of U.S. District Courts
The Foundations of Statutory Arising-
Under Jurisdiction
Shoshone Mining Co. v. Rutter
Notes and Questions
American Well Works Co. v. Layne & Bowler
Co.
Notes and Questions
Smith v. Kansas City Title and Trust Co.
Notes and Questions
Gully v. First National Bank
Notes and Questions
Problems 4-2–4-4
A Note on Declaratory Judgments and
Statutory Arising-Under Jurisdiction
Problems 4-5–4-6
A Note on Concurrent and Exclusive
Federal Question Jurisdiction
 The Modern Approach to Statutory
Arising-Under Jurisdiction
Gunn v. Minton
Notes and Questions
Problem 4-7

xvi

3. Diversity Jurisdiction
a. Introduction
b. Diversity of State Citizenship
Rodríguez v. Señor Frog’s de La Isla, Inc.
Notes and Questions
Problem 4-8
A Note on 28 U.S.C. § 1359 and “Collusive”
Transfers or Assignments to Create
Diversity Jurisdiction
A Note on the Citizenship of Artificial
Entities
Problem 4-9
A Note on Statutes Allowing for Minimal
Diversity
c. Cases Involving Aliens
Eze v. Yellow Cab Co. of Alexandria,
Virginia, Inc.
Notes and Questions
Grupo Dataflux v. Atlas Global Group, L.P.
Notes and Questions
Problems 4-10–4-11
A Note on U.S. Citizens with Dual
Nationality
A Note on U.S. Corporations with Their
Principal Place of Business Abroad
 Problems 4-12–4-13
d. Amount in Controversy
Coventry Sewage Associates v. Dworkin
Realty Co.
Notes and Questions
A Note on Aggregation of Claims
Problems 4-14–4-15
A Note on Computing the Amount in
Controversy in Suits for Declaratory or
Injunctive Relief
Problem 4-16
4. Supplemental Jurisdiction
a. Overview and Introduction
b. Pendent and Ancillary Jurisdiction
United Mine Workers of America v. Gibbs
Notes and Questions
Owen Equipment and Erection Co. v. Kroger
Notes and Questions

xvii

A Note on Kroger and Potential Evasions

of the Complete Diversity Principle
A Note on Pendent-Party Jurisdiction
c. Supplemental Jurisdiction: § 1367
Problems 4-17–4-19
5. Removal Jurisdiction
a. Section 1441(a): Removability in General
b. Section 1441(b): Limits on the Removal of
Diversity Cases
Problems 4-20–4-21
c. Section 1441(c): Removal of Federal Questions
Joined with Nonremovable Claims
 d. Section 1446: Procedure for Removal of Civil
Actions
e. Section 1447: Procedure after Removal Generally
Ettlin v. Harris
Notes and Questions
Problems 4-22–4-23
B. Challenging a Court’s Subject Matter Jurisdiction
1. Direct Attack
2. Collateral Attack
Problems 4-24–4-25
C. Subject Matter Jurisdiction Review Problems
Problems 4-26–4-27

Chapter V. Venue, Transfer, and Forum Non Conveniens

A. Venue in Federal Courts

1. The General Venue Statute: 28 U.S.C. § 1391
Subsection (b)(1)—Residence of
Defendants
Subsection (b)(2)—Substantial Part of
Events
First of Michigan Corp. v. Bramlet
Notes and Questions
Problems 5-1–5-3
Subsection (b)(3)—Fallback Provision
Problems 5-4–5-5
Subsections (c)(2) and (d)—Residence of
Corporate and Noncorporate Entities
Problems 5-6–5-7
Notes and Questions
Problem 5-8

xviii
 2. Transfer of Venue in Federal Court
Skyhawke Technologies, LLC v. DECA
International Corp.
Notes and Questions
Graham v. Dyncorp International, Inc.
Notes and Questions
A Note on Transfer When Originating
Court Lacks Personal Jurisdiction
Problems 5-9–5-10
A Note on Multidistrict Litigation
A Note on Forum-Selection Clauses
Atlantic Marine Construction Co., Inc. v.
United States District Court
Notes and Questions
Problems 5-11–5-12
B. Forum Non Conveniens
Piper Aircraft Co. v. Reyno
Notes and Questions
A Note on an Available Alternate Forum
A Note on Forum Non Conveniens in State
Courts
Problems 5-13–5-15
C. Venue, Transfer, and Forum Non Conveniens Review
Problems
Problems 5-16–5-17

Chapter VI. The Erie Doctrine and Related Problems

A. The Law to Be Applied in Federal and State Courts

B. The Erie Doctrine: The Law to Be Applied in Diversity and
Supplemental Jurisdiction Cases
1. A Brief History of the Pre-Erie Landscape
2. The Demise of “Federal General Common Law”
 Erie Railroad Co. v. Tompkins
Notes and Questions
Problems 6-1–6-2
C. A Survey of the Three-Track Approach to the Erie Doctrine
1. Is There a Conflict?
2. Is the Federal Law Valid?
Track One: The Validity of Federal
Procedural Statutes
Track Two: The Validity of Formal Federal
Procedural Rules
Track Three: The Validity of Judge-Made
Procedural Law

xix

D. Three Tracks of Analysis: Procedural Statutes, Formal

Rules, and Judge-Made Laws
1. Track One: Federal Statutes and the Supremacy
Clause
a. The Standard Model
Stewart Organization, Inc. v. Ricoh Corp.
Notes and Questions
Problems 6-3–6-4
b. A Variation on Track One: The Continuing Validity
of “Specialized” Federal Common Law
Problem 6-5
2. Track Two: The Federal Rules of Civil Procedure
Sibbach v. Wilson & Co., Inc.
Notes and Questions
Problem 6-6
A Note on the Omnipresence of Erie
Hanna v. Plumer [Part I]
Notes and Questions
 Problems 6-7–6-8
Shady Grove Orthopedic Associates, P.A. v.
Allstate Insurance Co.
Notes and Questions
Problems 6-9–6-11
3. Track Three: Federal Procedural Common Law
Guaranty Trust Co. v. York
Notes and Questions
Problem 6-12
A Note on Byrd and Refining the Erie/York
Formula
Problem 6-13
Hanna v. Plumer [Part II]
Notes and Questions
Problems 6-14–6-15
Gasperini v. Center for Humanities, Inc.
Notes and Questions
A Note on Federal Law in State Courts
Problems 6-16–6-17
E. Erie Review Problems
Problems 6-18–6-20

Chapter VII. Discovery

A. Pragmatic Preliminary—Devising a Discovery Plan

B. The Scope of Formal Discovery
1. Discovery Relevance
Problems 7-1–7-2

xx

2. Privilege
Jaffee v. Redmond
Notes and Questions
 Problem 7-3
Upjohn Company v. United States [Parts I
and II]
Notes and Questions
Problem 7-4
3. The Work-Product Doctrine
Hickman v. Taylor
Notes and Questions
Upjohn Company v. United States [Part III]
Problems 7-5–7-6
A Note on Information Obtained from
Experts
C. The Formal Discovery Process in Federal Court
1. Mandatory Conference and Mandatory Disclosures
a. The Discovery Conference
b. Mandatory Disclosure
Advance Financial Corp. v. Utsey
2. Methods to Discover Additional Materials
a. Depositions
b. Interrogatories
c. Requests for Production and Inspection
Problem 7-7
Notes and Questions
d. E-Discovery
Wood v. Capital One Services, LLC
Notes and Questions
e. Physical and Mental Examinations
Schlagenhauf v. Holder
Notes and Questions
Problems 7-8–7-9
f. Requests for Admissions
g. Discovery Related to Experts
Problem 7-10
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