DAY 36: Joinder: Interpleader and Joinder Hot Potato
RobinKCraig | 24 Nov, 2009, 10:18 | podcast | (128 Reads)
On the last day of class, Tuesday, November 24, the class finished joinder with a quick look at Rule sand statutory interpleader, then reviewed the intersection of joinder and subject matter jurisdiction through Joinder Hot Potato. You can access that discussion here: F09_CivPro_Day36.mp3.
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DAY 35: Joinder: Rule 19(b) and Intervention
RobinKCraig | 23 Nov, 2009, 10:37 | podcast | (100 Reads)
On Monday, November 23, the class picked up where it left off with Rule 19(b) and deciding whether necessary parties who cannot be joined are also indispensable parties, requiring dismissal of the lawsuit. We then moved on to Rule 24 and intervention, covering both intervention as of right under Rule 24(a) and permissive intervention under Rule 24(b). (We will finish with interpleader tomorrow.) You can access that discussion here: F09_CivPro_Day35.mp3.
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DAY 34: Joinder: Necessary & Indispensable Parties
RobinKCraig | 19 Nov, 2009, 09:35 | podcast | (110 Reads)
On Thursday, November 19, the class finished its discussion of Rule 14 third-party practice by looking at Hypo 7.4 and the subject matter jurisdiction implications of Rule 14. We then moved on to FRCP 19 and the concepts of "necessary" and "indispensable" parties. The class ended early to allow time for student evaluations. You can access the discussion here: F09_CivPro_Day34.mp3.
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DAY 33: Joinder: Permissive Parties and Third-Party Practice (Impleader)
RobinKCraig | 18 Nov, 2009, 09:55 | podcast | (131 Reads)
On Wednesday, November 18, the class moved from joinder of claims to joinder of parties, starting with permissive party joinder under FRCP 20 and third-party practice (AKA impleader) under FRCP 14. We also discussed incidental rules about joinder and substitution in FRCP 21 and FRCP 25. You can access that discussion here: F09_CivPro_Day33.mp3.

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DAY 32: Joinder: Counterclaims and Cross-Claims
RobinKCraig | 16 Nov, 2009, 10:03 | podcast | (97 Reads)
On Monday, November 16, the class began its discussion of joinder by looking at joinder of claims. Specifically, the class focused on the general rule regarding joinder of claims in FRCP 18, then focused on compulsory counterclaims under Rule 13(a), permissive counterclaims under Rule 13(b), cross-claims under Rule 13(g), and the relationship between these claims and subject matter jurisdiction. You can access that discussion here: F09_CivPro_Day32.mp3.
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DAY 31: Pleadings: Amending Pleadings
RobinKCraig | 09 Nov, 2009, 10:23 | podcast | (130 Reads)
On Monday, November 9, the class completed its discussion of pleadings with FRCP 15 and amendments of pleadings. We looked at the basic rule in Rule 15(a), the "cleanup" provisions in Rule 15(b), and the relation back rules in Rule 15(c). You can access that discussion here: F09_CivPro_Day31.mp3.
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DAY 30: Pleading: The Answer
RobinKCraig | 05 Nov, 2009, 09:32 | podcast | (106 Reads)
On Thursday, November 5, the class examined the three parts of an answer: admissions and denials; affirmative defenses; and cross-claims and counterclaims. We focused in particular on the problems with general denials and the identification of affirmative defenses. You can access that discussion here: F09_CivPro_Day30.mp3.
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DAY 29: Pleading: Rule 12 Motions
RobinKCraig | 04 Nov, 2009, 10:14 | podcast | (132 Reads)
On Wednesday, November 4, the class continued its discussion of pleading by looking at Rule 12 and Rule 12(b) motions. You can access that discussion here: F09_CivPro_Day29.mp3.
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DAY 28: Pleading: Service of Process
RobinKCraig | 02 Nov, 2009, 10:04 | podcast | (118 Reads)
On Monday, November 2, the class continued its discussion of pleading by taking a closer look at service of process, especially Rule 4(f) and service of process on foreign defendants. You can access that discussion here: F09_CivPro_Day28.mp3.
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DAY 27: Pleading: The Complaint
RobinKCraig | 29 Oct, 2009, 10:32 | podcast | (106 Reads)
On Thursday, October 29, the class began its discussion of pleading by looking at the basic pleading requirements in Federal Rules of Civil Procedure 7, 8, 9, and 10, as well as examining three Supreme Court cases on the notice pleading standard. You can access that discussion here: F09_CivPro_Day27.mp3.
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DAY 26: Erie Doctrine: LECTURE on Modern Erie
RobinKCraig | 28 Oct, 2009, 14:51 | podcast | (103 Reads)
On Wednesday, October 28, I lectured on the modern developments regarding the Erie doctrine, including the York outcome determinative test for what is substantive and what is not and how the Supreme Court has handled the Federal Rules of Civil Procedure in the Erie context. You can access that discussion here: F09_CivPro_Day26.mp3.
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DAY 25: Erie Doctrine: Basic Erie
RobinKCraig | 26 Oct, 2009, 10:17 | podcast | (89 Reads)

On Monday, October 26, the class began its discussion of the Erie Doctrine by discussing the Rules of Decision Act, the decision in Swift v. Tyson, and the overruling decision in Erie Railroad Co. v. Tompkins.

**Before getting into that discussion, however, I started class by discussing the final exam. You can access the entire discussion here: F09_CivPro_Day25.mp3.


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DAY 24: Venue: Forum Non Conveniens
RobinKCraig | 22 Oct, 2009, 10:14 | podcast | (350 Reads)
On Thursday, October 22, the class completed its discussion of venue with the doctrine of forum non conveniens and dismissals out of the U.S. system. You can access that discussion here: F09_CivPro_Day24.mp3.
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DAY 23: Venue: Transfer of Venue
RobinKCraig | 21 Oct, 2009, 13:31 | podcast | (56 Reads)
On Wednesday, March 21, the class covered transfer of venue, including the differences between Section 1404 and Section 1406 and the Hoffman decision. You can access that discussion here: F09_CivPro_Day23.mp3.
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DAY 22: Venue: Original Venue
RobinKCraig | 19 Oct, 2009, 10:23 | podcast | (72 Reads)
On Monday, October 19, the class began its discussion of venue by looking at the provisions governing original venue in 28 U.S.C. s 1391. You can access that class discussion here: F09_CivPro_Day22.mp3.
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