1999 Federal Rules of Civil Procedure : With Selected Statutes and Cases

by Yeazell, Stephen C.

• ISBN13: 9780735500389
• ISBN10: 073550038X
• Format: Paperback
• Copyright: 1999-04-01
• Publisher: Wolters Kluwer

Summary

This skillful combination of the Federal Rules of Civil Procedure, Judiciary Code, and relevant cases with notes and questions has earned the respect of both students and instructors by guiding readers toward the operative theory in the case, Prepared in an index-tabbed format for easy use, FEDERAL RULES OF CIVIL PROCEDURE: With Selected Statutes and Cases, 1999 Edition, Is a valuable adjunct to your civil procedure materials. Pefectly suited for use with Yeazell's casebook but equally valuable as a companion to other casebooks in the field, The book features: insightful notes on recent developments timely, skillfully edited cases that address current issues notes and questions to enhance class discussion an Appendix of Forms, containing examples of important procedural documents updated Federal Rules of Civil Procedure

Table of Contents

Table of New Cases	xi
Preface	xiii
Note on the Federal Rules of Civil Procedure	xv
PART I. Rules and Statutes	1	(360)
Federal Rules of Civil Procedure for the United States District Courts	3	(156)
Appendix of Forms	159	(30)
Supplemental Rules for Certain Admiralty and Maritime Claims	189	(16)
Selected Federal Rules of Appellate Procedure	205	(38)
The Constitution of the United States	243	(20)
Selected Provisions from United States Code, Title 28: Judiciary and Judicial Procedure	263	(98)
PART II. Supplementary Cases, Notes, and Other Materials	361	(90)
An Overview of Procedure	363	(2)
Parties to the Lawsuit	363	(2)
Compulsory Joinder	363	(2)
Personal Jurisdiction	365	(8)
The Modern Constitutional Formulation of Power	365	(6)
Redefining Constitutional Power	365	(1)
Absorbing In Rem Jurisdiction	365	(1)
Specific Jurisdiction: The Modern Cases	365	(1)
Zippo Mfg. Co. v. Zippo Dot Com Inc.	365	(5)
General Jurisdiction	370	(1)
Consent as a Substitute for Power	371	(1)
The Constitutional Requirement of Notice	371	(1)
Self-Imposed Restraints on Jurisdictional Power: Long-Arm Statutes, Venue, and Discretionary Refusal of Jurisdiction	372	(1)
Long-Arm Statutes as a Restraint on Jurisdiction	372	(1)
Venue as a Further Localizing Principle	372	(1)
Subject Matter Jurisdiction of the Federal Courts	373	(10)
Federal Question Jurisdiction	373	(1)
Diversity Jurisdiction	374	(1)
Supplemental Jurisdiction	374	(2)
Removal Caterpillar	376	(7)
Inc. v. Lewis	376	(7)
The Erie Problems	383	(12)
The Limits of State Power in Federal Courts	383	(12)
De-Constitutionalizing Erie	383	(1)
Gasperini v. Center for Humanities, Inc.	384	(9)
Notes and Problems	393	(2)
Incentives to Litigate	395	(4)
Substitutionary Remedies	395	(1)
Liquidated, Statutory, and Punitive Damages	395	(1)
Financing Litigation	396	(3)
Insurance and the Contingent Fee	396	(1)
From Fee Spreading to Fee Shifting	397	(1)
The Common Fund	397	(1)
Fee Shifting and Settlement	397	(1)
Rule 68	397	(2)
Pleading	399	(4)
Pleading in a Modern Regime	399	(4)
Ethical Limitations and Disfavored Claims	399	(1)
Ethical Principles as a Limitation	399	(2)
Disfavored Claims?	401	(1)
Fraud	401	(2)
Discovery	403	(8)
Ensuring Compliance and Controlling Abuse of Discovery	403	(8)
Sanctions as Remedy	403	(1)
Klonoski v. Mahlab	403	(5)
Notes and Problems	408	(3)
Resolution without Trial	411	(10)
Avoiding Adjudication	411	(1)
Negotiation and Settlement	411	(1)
Contracting to Dismiss	411	(1)
Contracting for Confidentiality	412	(9)
Contracting for Adjudication	413	(1)
The Limits of Arbitration	413	(1)
Engalla v. Permanente Medical Group, Inc	413	(5)
Notes and Problems	418	(3)
Identifying the Trier	421	(10)
Judge or Jury: The Right to A Civil Jury Trial	421	(6)
Applying the Historical Test to New Claims	421	(1)
Markman v. Westview Instruments, Inc.	421	(4)
Notes and Problems	425	(1)
Incidents of Jury Trial	426	(1)
Which Judge, Which Jury?	427	(4)
Selecting Jurors	427	(1)
Peremptory Challenges	427	(1)
Selecting Judges	427	(4)
Trial	431	(2)
Procedural Control of Rational Proof	431	(2)
Controlling Juries After the Verdict	431	(1)
Judgment Notwithstanding the Verdict (Judgment as a Matter of Law)	431	(2)
Appeal	433	(2)
When A Decision May Be Reviewed: ``Finality''	433	(2)
Exceptions to the Final Judgment Rule	433	(1)
Practical Finality	433	(1)
Interlocutory Appeals under 28 U.S.C. S1292(b)	434	(1)
Respect for Judgments	435	(6)
Claim Preclusion	435	(1)
Between the ``Same'' Parties	435	(1)
The Boundaries of preclusion	435	(6)
Claim Preclusion	435	(2)
The Law of the Case and ``Judicial Estoppel''	437	(4)
Joinder	441	(10)
Class Actions	441	(10)
Statutory requirements	441	(1)
The Class Action and the Constitution	441	(1)
Representative Adequacy	441	(1)
Settlement of Class Actions and the ``Settlement Class''	442	(1)
Amechem Products, Inc. v. Windsor	442	(9)
Notes and Problems	451