Civil Procedure

Civil Procedure episodes:

• 09.25.2021

  Discovery in Practice

  This is a tutorial lecture that introduces discovery under the Federal Rules of Civil Procedure. Fist, I give an overview of five of the most important discovery devices, namely depositions, interrogatories, document requests, physical and mental examinations, and requests for...

  
• 06.11.2021

  Judge Katharine Parker Interview (Rule 34 +)

  This episode is a recording of my conversation with Judge Katharine H. Parker, Magistrate Judge for the U.S. District Court for the Southern District of New York. Judge Parker is an authority on, among other things, electronic discovery. Our conversation...

  
• 11.18.2020

  Claim and Issue Preclusion -- in 40 minutes

  This episode is a lecture tutorial that offers an overview of the doctrines of claim preclusion and issue preclusion. These doctrines are also know as res judicata and collateral estoppel, respectively. (Confusingly,) These doctrines are also sometimes jointly...

  
• 11.16.2020

  Erie Doctrine in 40 Minutes

  This episode is a tutorial lecture about the Erie Doctrine. I cover a little bit of the history leading up to the Erie Doctrine and then offer advice about how to tackle an Erie issue in practice or on an...

  
• 11.11.2020

  Removal Jurisdiction in Practice

  This episode is a tutorial lecture about the practical application of the doctrine of removal. Removal jurisdiction describes the circumstances under which an action can be removed, by a defendant, from state court to federal court. The lecture focuses primarily...

  
• 11.09.2020

  Supplemental Jurisdiction in Practice

  This episode is a tutorial lecture about supplemental jurisdiction. This is one of several episodes on the broader topic of federal subject matter jurisdiction. This episodes focuses on the practical application of Section 1367 of Title 28. I do...

  
• 11.08.2020

  Original Subject Matter Jurisdiction in Practice

  This episode is a tutorial lecture about original subject matter jurisdiction in federal courts. It introduces--and focuses exclusively on--the doctrines of federal question under 28 USC 1331 and diversity under 28 USC 1332. I do not cover class actions nor...

  
• 11.05.2020

  Venue (including transfers and forum non conveniens)

  This episode is a tutorial lecture about the doctrine of venue. I first cover the federal venue statute, 28 USC 1391. In circumstances when venue is improper, there are two follow-on options: dismissal or transfer. In circumstances when venue is...

  
• 10.27.2020

  Notice/Service, 12b4 and 12b5 Motions to Dismiss in Practice

  This episode is a tutorial lecture about Service of Process under Federal Rule, and the 12(b)(4) and 12(b)(5) motions to dismiss. The episode focuses on a practical application of these Rules.

  
• 10.19.2020

  Interview with A. Ross (re McIntyre Mach. v. Nicastro and Specific Jurisdiction)

  This episode is my interview with Alexander Ross, Jr., the lawyer who represented Robert Nicastro in J. McIntyre Machiner Ltd. v. Nicastro. The interview took place on October 14, 2020. Because we recorded our conversation with Zoom, the quality of...

  
• 10.18.2020

  Personal Jurisdiction in Context

  This episode is a tutorial that puts the doctrine of personal jurisdiction into some broader context. I offer a little bit of history and offer some big-picture framing that might help you with your mastery of this subject. Notice that...

  
• 10.17.2020

  ADR

  This is a tutorial lecture about--and an introduction to--alternative dispute resolution (ADR). I discuss arbitration and mediation, and pose a couple larger questions about ADR.

  
• 10.05.2020

  Summary Judgment in Practice / Rule 56

  This episode is about the practical application of summary judgment and FRCP 56.

  
• 09.21.2020

  Counterclaims, Crossclaims, and Third-Party Claims/Rules 13 and 14

  This episode is a tutorial lecture about three types of ancillary claims: counterclaims (compulsory and permissive), crossclaims, and third-party impleader claims.

  
• 09.19.2020

  Simple Joinder/Rules 18 and 20

  This episode is a tutorial lecture about the joinder of claims and parties under Rules 18 and 20, respectively.

  
• 09.13.2020

  Rule 11 in Practice

  This episode is about the practical application of Rule 11.

  
• 09.05.2020

  Answers/Rules 8(b) and 8(c)

  This episode is a tutorial about the defendant's answer to a plaintiff's complaint. I discuss the obligation to admit or deny the allegations of the plaintiff's complaint. And I discuss affirmative defenses. I also briefly mention counterclaims, cross-claims, and third...

  
• 09.05.2020

  12(b)(6) in Practice

  This episode is a tutorial about the practical application of a 12(b)(6) motion to dismiss for failure to state a claim. I focus on the three types of circumstances when courts grant 12(b)(6) motions and offer strategies about how to...

  
• 09.05.2020

  12(b)(6) in Context

  This episode puts the 12(b)(6) motion to dismiss in context. I address the historical context of the motion, and its importance in the scheme of litigation.

  
• 08.16.2020

  Rule 68 / Offers of Judgment

  This episode is about offers of judgment under Federal Rule of Civil Procedure 68. I focus on the practical application of Rule 68.

  
• 08.11.2020

  The Due Process Clause, in Practice

  This episode is an overview lecture about procedural due process. We cover the five elements of due process claims under the 5th and 14th Amendments of the U.S. Constitution, paying particular attention to the 5th element, which requires us to...

  
• 08.01.2020

  Interview of Adam Sopko. Snap Removal.

  In this episode, I interview Adam Sopko. Adam Sopko is (or was then) a third-year law student and the editor-in-chief of the Northwestern Law Review. In this episode Adam offers advice about adjusting to law school. We then discuss at...

  
• 07.30.2020

  12(b)(2) / Personal Jurisdiction in Practice

  This episode is about the 12(b)(2) motion to dismiss for lack of personal jurisdiction. The episode gives an overview of the following jurisdictional bases: Congressional Statutes (S), Federal Rule 4(k)(1)(B) and 4(k)(2) (R), Personal Service (S), Waiver (W), Status (S),...

  
• 07.28.2020

  Rule 15 Motion to Amend

  This episode is about the Rule 15 Motion to Amend. We discuss the three ways to satisfy 15(a), a threshold test that applies to all amendments in federal court. We then discuss statutes of limitation and the relation-back of amendments.

  
• 07.28.2020

  Remedies

  This episode is an introduction to topics in Remedies. We discuss (1) the difference between equitable and legal relief; (2) the difference between preliminary and permanent relief; (3) the traditional 4-part test for preliminary relief; and (4) types of final...