9781587784224

A Documentary Companion to a Civil Action

by ; ;
  • ISBN13:

    9781587784224

  • ISBN10:

    158778422X

  • Edition: Revised
  • Format: Paperback
  • Copyright: 2002-12-01
  • Publisher: Foundation Pr

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Table of Contents

PART I THE SETTING OF THE LITIGATION
Personal Jurisdiction
3(4)
The Statutory Inquiry
3(1)
Massachusetts General Laws Chapter 233A §3
4(1)
The Constitutional Inquiry
4(3)
Comments and Questions
4(3)
Notice
7(8)
Massachusetts Rule of Civil Procedure 4
7(3)
Comments and Questions
10(1)
Summons Served on Beatrice
11(2)
Summons Served on Grace
13(2)
Subject Matter Jurisdiction
15(24)
Introduction
15(2)
Comments and Questions
15(2)
Federal Question
17(1)
Diversity of Citizenship
18(5)
Comments and Questions
18(1)
An American in Toronto: The Charles Anderson Episode, Part 1
19(1)
Motion To Amend Complaint
19(1)
Comment and Questions
20(1)
Opposition To Plaintiffs' Motion To Amend Complaint
21(1)
Comments and Questions
22(1)
Removal Jurisdiction
23(5)
Comments and Questions
23(1)
Petition For Removal
24(2)
Comments and Questions
26(2)
Supplemental Jurisdiction
28(11)
An American in Toronto: The Charles Anderson Episode, Part 2
28(1)
Order On Motion To Amend Complaint
29(1)
Comments and Questions
29(1)
Memorandum In Support Of Motion For Reconsideration
30(5)
Comment and Questions
35(1)
Amended Order On Motion To Amend Complaint
35(1)
Comments and Questions
36(3)
Venue and Transfer
39(12)
Massachusetts General Laws chapter 223, §1
39(1)
28 U.S.C. §1391 (1982)
40(1)
Note: Venue and Removal
40(1)
Bangor Bound?
40(1)
Motion For Change Of Venue
41(3)
Memorandum In Support Of Defendant Grace's Motion For Change Of Venue
44(2)
Plaintiffs' Opposition To Defenant W.R. Grace & Company's Motion For Change Of Venue
46(1)
Comments and Questions
47(1)
Problem: Venue Transfers and Choice of Law
48(1)
Note: Pretrial Publicity
49(2)
The Governing Law in a Diversity Case
51(10)
Problem 1
51(1)
Anderson v. W.R. Grace, 628 F. Supp. 1219 (D. Mass. 1986)
52(3)
Note: Certification of Questions of Law
55(1)
Problem 2
55(2)
Problem 3
57(4)
PART II THE PRETRIAL PROCESS
Pleadings
61(94)
The Complaint
61(22)
Second Amended Complaint for Personal Injury, Wrongful Death and Injunction
63(17)
Comments and Questions
80(3)
Responses to the Complaint
83(18)
Motions
83(1)
Answers
83(1)
Answer Of W.R. Grace & Co. And Its Cryovac Division To Second Amended Complaint
84(4)
Answer Of Defendant Beatrice Foods Co. And Its Division John J. Riley Company To Second Amended Complaint
88(11)
Comments and Questions
99(2)
Amending the Pleadings
101(12)
Supplement To Order On Motion To Amend Complaint
102(2)
Comments and Questions
104(1)
Motion To Amend Complaint
105(1)
Defendants' Memorandum In Opposition To Plaintiffs' Motion To Amend Complaint
106(5)
Comments and Questions
111(1)
Amendments to Conform with Evidence
112(1)
Relation Back
112(1)
Rule 11
113(42)
A Motion Slightly Ahead of its Time?
114(1)
Motion By Defendant W.R. Grace & Co. d/b/a/ Cryovac Division To Strike Complaint And Amended Complaint And Dismiss The Action Under Rule 11
115(3)
Plaintiffs' First Memorandum In Support Of Plaintiffs' First Motion To Compel Answers To Interrogatories, Motion For A Protective Order And Request For An Expedited Hearing And In Opposition To Motion By Defendant W.R. Grace & Co. For Protective Order And To Strike The Complaint And Amended Complaint and Dismiss The Action
118(4)
Plaintiffs' Memorandum In Support Of Motion For Reconsideration Regarding Form Of Demonstration Of Compliance With Rule 11 Or, In The Alternative, To Limit The Scope And Nature Of The Inquiry Regarding Compliance With Rule 11
122(10)
Defendant's Memorandum Of Law In Opposition to Motion For Reconsideration
132(6)
Supplemental Memorandum Of W.R. Grace & Co.
138(4)
Anderson v. Cryovac, Inc., 96 F.R.D. 431 (D. Mass. 1983)
142(1)
Comments and Questions
143(3)
Note: The Posttrial Rule 11 Sanctions
146(1)
A Skin-Deep Portrait?
147(1)
Article from the Woburn Daily Times Chronicle
147(4)
Excerpt from the Almanac of the Federal Judiciary
151(1)
Note: Attorneys, Ethics and the Media
152(3)
Joinder of Claims and Parties
155(34)
Permissive and Compulsory Joinder of Claims
155(2)
Permissive and Compulsory Joinder of Parties
157(1)
Impleader
157(23)
Unifirst: Taken to the Cleaners?
157(2)
Motion To Add Third-Party Defendant
159(1)
Third-Party Complaint Of W.R. Grace & Co.
160(2)
Comments and Questions
162(2)
Memorandum And Order
164(3)
Comments and Questions
167(2)
Answer Of Third-Party Defendant UniFirst Corporation
169(5)
Fourth-Party Complaint of UniFirst Corporation
174(2)
Comments and Questions
176(3)
Stipulation Of Voluntary Dismissal Of Action By Third-Party Plaintiff W.R. Grace & Co. Against Third-Party Defendant UniFirst Corporation
179(1)
Intervention
180(5)
Motion Of CBS Inc. To Intervene Pursuant To Rule 24 Of The Federal Rules Of Civil Procedure
181(1)
Complaint of Intervenor CBS Inc.
182(2)
Comments and Questions
184(1)
Class Actions
185(4)
General Issues
186(1)
Rule 23(a) Requirements
186(1)
Rule 23(b) Requirements
187(2)
Discovery I: Introduction and Scope
189(56)
General Issues
189(1)
Informal Discovery
190(6)
Motion Of Defendant Beatrice Foods Co. For Order Prohibiting Plaintiffs' Representatives From Making False Statements To Potential Witnesses And For Other Appropriate Relief
192(2)
Comments and Questions
194(2)
Scope of Discovery: Relevance
196(9)
Opposition Of Defendant W.R. Grace & Co. To Motion To Compel Deposition Answers
196(2)
Comments and Questions
198(1)
Motion Of Defendant Beatrice Foods Co. And Of The John J. Riley Co. For Protective Order
199(3)
Plaintiffs' Opposition To Defendant Beatrice Foods' Motion For A Protective Order
202(2)
Comments and Questions
204(1)
Note: The Tannery Case Versus the Fifteen Acres Case
204(1)
Scope of Discovery: Work Product Protection
205(4)
Scope of Discovery: Attorney-Client Privilege
209(7)
Is There a Lawyer in the House?
210(1)
Deposition Of Ulf Nordin (December 4, 1985)
210(3)
Grace's Opposition To Plaintiffs' Motion To Compel Nordin, Cazmay, And Morrone To Answer Questions At Their Depositions
213(2)
Comments and Questions
215(1)
Order of December 19, 1985
215(1)
Comments and Questions
216(1)
Scope of Discovery: Experts
216(15)
Defendant W.R. Grace & Co.'s Preliminary List Of Expert Witnesses
218(5)
Comments and Questions
223(1)
The Doctor is Out: Dr. Beck, Part 1
224(1)
Defendants' Motion To Quash Plaintiffs' Subpoena To Take The Deposition Of An Expert Not To Be Called As A Witness
225(1)
Comments and Questions
226(2)
Order of December 16, 1985
228(2)
Comments and Questions
230(1)
Protective Orders
231(11)
Evading Grace
231(2)
Motion To Allow Plaintiffs To Take The Deposition Of J. Peter Grace And For Limited Production Of Documents
233(2)
Opposition of W.R. Grace & Co. To Motion To Allow Plaintiffs To Take The Deposition Of J. Peter Grace
235(6)
Comments and Questions
241(1)
Mandatory Disclosures
242(3)
Discovery II: Techniques
245(146)
Interrogatories
245(37)
Interrogatories Propounded By The Plaintiffs, Anne Anderson, Et Al., To Be Answered By The Defendant W.R. Grace & Co.
246(1)
Answers Of W.R. Grace & Co. To Plaintiffs' Interrogatories
247(28)
Objections of W.R. Grace & Co. To Plaintiffs' Interrogatories
275(1)
Comments and Questions
276(3)
Letter of April 1, 1983, from William Cheeseman to Jan Schlichtmann
279(3)
Depositions
282(18)
General Issues
282(1)
Depositions: Notices and Subpoenas
282(1)
Notice of Taking Deposition
283(1)
Comments and Questions
284(2)
Subpoena To The John J. Riley Company
286(1)
Notice of Taking Deposition-Person Most Knowledgeable
287(1)
Comments and Questions
288(1)
Your Arm's Too Short
288(1)
Deposition Disputes
289(1)
Deposition of Paul Shalline (March 5, 1985)
290(2)
Comments and Questions
292(2)
Motion Of Defendant Beatrice Foods Co. For Order Precluding Interference With And Disruption Of Depositions And Other Improper Conduct
294(3)
Comments and Questions
297(1)
Facher Talks Shop
297(1)
Deposition Practice and Tactics
298(2)
Production of Documents and Things
300(12)
Document Requests
300(1)
Request of Defendant Beatrice Foods Co. To The Plaintiffs For The Production of Documents
301(5)
Comments and Questions
306(1)
Failure to Produce Requested Documents
306(1)
Plaintiffs' Motion To Compel Production Of Documents By W.R. Grace & Co.
307(1)
Comments and Questions
308(1)
Document Subpeonas
309(1)
Subpoena To L.R. Page, Queensland
310(1)
Comments and Questions
311(1)
Note: ``Possessing, Custody, and Control'' of the Tannery Documents
311(1)
Inspection of Land
312(23)
Plaintiffs' Request For Entry, Inspection, Measuring, Surveying, Photographing, Testing Or Sampling The Property Of The Defendant, W.R. Grace Co.
313(2)
Letter of May 29, 1985, from William Cheeseman to Jan Schlichtmann
315(2)
Comments and Questions
317(1)
Tannery Row: The Dispute Over the Inspection of the Beatrice Property
317(1)
Note: Corporate Shell Game?
317(2)
Letter of January 7, 1985, from the Weston Geophysical Corporation to Jan Schlichtmann
319(1)
Request For Inspection Of Real Property
320(2)
Response Of Defendant Beatrice Foods Co. To Plaintiffs' Request For Inspection Of Real Property
322(1)
Comments and Questions
323(1)
Letter of June 21, 1985, from the Weston Geophysical Corporation to Economic Planning Group
324(2)
Comments and Questions
326(1)
Order of August 29, 1985
327(1)
Comments and Questions
328(1)
Motion For Order Compelling Beatrice To Allow Plaintiffs To Complete Inspection And Testing Of Beatrice's Property
329(3)
Comments and Questions
332(1)
Hearing of September 13, 1985, Hearing on Clarification
333(2)
Comments and Questions
335(1)
Physical and Mental Examinations
335(43)
The Scope of the Examination
336(1)
'Tis Only A Scratch
336(1)
Letter of January 2, 1986, from Annemarie Hassett to Jan Schlichtmann
337(1)
Letter of January 2, 1986, from Jan Schlichtmann to Annemarie Hassett
338(1)
Letter of January 3, 1986, from Annemarie Hassett to Jan Schlichtmann
339(3)
Letter of January 7, 1986, from Annemarie Hassett to Jan Schlichtmann
342(1)
Comments and Questions
343(1)
Motion Of Defendants For An Order To Compel Physical Examination Of The Plaintiffs
344(1)
Comments and Questions
345(1)
Plaintiffs' Motion For Sanctions Against Defendants For Conducting Unauthorized and Potentially Harmful Testing On Plaintiffs
346(1)
Comments and Questions
347(1)
Defendants' Opposition To Plaintiffs' Motion For Sanctions
348(2)
Comments and Questions
350(1)
Hearing of January 9, 1986
351(7)
Comments and Questions
358(1)
Defendants' Opposition To Plaintiffs' Motion For A Protective Order Regarding Kathryn Gamache, And Motion To Compel Submission To A Sinus X-Ray
359(1)
Comments and Questions
360(1)
Discovery of the Examiner's Records
361(1)
Doctor's Notes: Dr. Beck, Part 2
361(1)
Motion To Compel Reports And Documents Of Dr. Beck And His Availability For Deposition
362(1)
Comments and Questions
363(2)
Hearing of January 14, 1986
365(2)
Comments and Questions
367(1)
More Doctors' Notes
368(1)
Motion Of Beatrice Foods Co. For Order Compelling Discovery
368(2)
Comments and Questions
370(1)
Hearing of September 13, 1985
371(4)
Comments and Questions
375(2)
Note: The Doctor-Patient Privilege
377(1)
Requests for Admission
378(13)
Plaintiffs' Request For Admissions To The Defendant John J. Riley Company, Division Of Beatrice Foods Company: Set I
379(6)
Comments and Questions
385(6)
Discovery III: Secrecy in Litigation
391(24)
Confidentiality Stipulations
391(2)
Protective Orders to Preserve Secrecy
393(22)
Global Warfare
393(1)
Motion For Protective Order
394(1)
Memorandum In Support Of Motion For Protective Order
395(6)
Protective Order, September 4, 1985
401(1)
Comments and Questions
402(1)
Interim Protective Order, October 8, 1985
403(1)
Order, October 16, 1985
404(1)
Comments and Questions
405(1)
Anderson v. Cryovac, 805 F.2d 1 (1st Cir. 1986)
406(6)
Comments and Questions
412(3)
Discovery IV: Abuse and Sanctions
415(82)
Yankee Hanky-Panky
415(2)
Memorandum And Order On Plaintiffs' Motion For A New Trial
417(9)
Comments and Questions
426(1)
Anderson v. Cryovac, Inc., 862 F.2d 910 (1st Cir. 1988)
426(13)
Comments and Questions
439(1)
Statement Of Jerome Facher In Response To Court Order Of December 22, 1988
440(7)
Written Statement Of Attorney Mary K. Ryan Obtained Pursuant To Court Order Of December 22, 1988
447(3)
Comments and Questions
450(1)
Anderson v. Beatrice Foods Co., 127 F.R.D. 1 (D. Mass. 1989)
451(5)
Comments and Questions
456(2)
Memorandum In Support Of Motion Of Mary K. Ryan For Reconsideration Of Finding Of Deliberate Misconduct And In Opposition To Recommendation Of Sanctions
458(5)
Affidavit Of Attorney Mary K. Ryan
463(6)
Comments and Questions
469(1)
Note: Defenses Based On Customary Practice
469(2)
Memorandum On Motions Of John J. Riley Et Al., And Attorney Mary Ryan For Reconsideration And Motion Of Attorney Mary Ryan To Participate In Hearings On Sanctions
471(2)
Note: Plaintiffs' Use of the Ryan and Fishman Affidavits
473(2)
Comments and Questions
475(2)
Anderson v. Beatrice Foods Co., 129 F.R.D. 394 (D. Mass. 1989)
477(10)
Comments and Questions
487(1)
Note: The Dispute Over the Court-Appointed Expert
488(1)
Comments and Questions
489(1)
Anderson v. Beatrice Foods Co., 900 F.2d 388 (1st Cir. 1990)
490(6)
Comments and Questions
496(1)
Scheduling and Pretrial Conferences
497(46)
Scheduling Order, September 5, 1984
498(1)
Comments and Questions
498(1)
Note: Scheduling Disputes
499(2)
Affidavit Of Jerome P. Facher In Support Of Continuance Of The Trial Date On The Ground Of Fairness: Exhibit A
501(6)
Plaintiffs' Opposition To Defendants' Motion For A Continuance: Exhibit A, Expert Deposition Breakdown
507(2)
Comments and Questions
509(3)
Pretrial Memorandum
512(15)
Comments and Questions
527(1)
The ``Polyfurcation'' Of The Trial
528(1)
Defendant W.R. Grace & Co.'s Supplemental Memorandum In Support Of Motion For Separate Trial On Liability And Damages
529(2)
Beatrice's Memorandum Concerning Trial Of Dispositive Issues
531(4)
Plaintiffs' Trial Plan: A Modified Test Case
535(2)
Comments and Questions
537(3)
Note: The Civil Justice Reform Act of 1990
540(3)
Settlement and Voluntary Dismissal
543(14)
Settlement
543(12)
General Issues
543(1)
Pretrial Settlement Negotiations
544(2)
Settlement Negotiations After the First Phase of the Trial
546(2)
Jint Motion For Order Approving Settlement
548(2)
Proposed Order Approving Settlement
550(1)
Order Of Dismissal
551(1)
Comments and Questions
551(3)
Stipulation of Dismissal
554(1)
Voluntary Dismissal
555(2)
Plaintiffs' Motion For Voluntary Dismissal Of Eric Aufiero's Claims
555(1)
Comments and Questions
556(1)
Summary Judgment
557(28)
Memorandum of W.R. Grace & Co. In Support Of Its Motion For Summary Judgment
558(9)
Memorandum In Support Of Plaintiffs' Opposition To Defendant, W.R. Grace And Company's Motion For Summary Judgment
567(10)
Comments and Questions
577(3)
Defendants' Joint Motion For Partial Summary Judgment
580(1)
Comments and Questions
581(4)
PART III TRIAL AND POSTRIAL MOTIONS
Right to Trial by Jury and Jury Selection
585(26)
Transcript, Third Day Pre-Trial Conference, February 11, 1986
585(13)
The Right to Trial by Jury
598(2)
The Size of the Jury and Jury Voting
600(1)
The Jury Pool
601(2)
The Voir Dire and Challenging Prospective Jurors
603(8)
Voir Dire Questions
603(3)
Comments and Questions
606(5)
Motion for Judgment as a Matter of Law
611(14)
Memorandum And Order On Motions For Directed Verdicts
612(3)
Comments and Questions
615(1)
Supplementary Memorandum On Plaintiffs' Motions For Reconsideration Of Rulings On Motions For Directed Verdicts
616(1)
Comments and Questions
617(1)
Note: Judge Skinner and Strict Liability
618(3)
Information Pertaining to Chemical Dumping on a 15-acre Site off Salem Street in Woburn, Mass
621(4)
Instructions and Verdicts
625(26)
Intruction
625(3)
Instruction Regarding Circumstantial Proof
625(2)
Comments and Questions
627(1)
Forms of Verdicts
628(23)
Say What? The Special Verdict, Part 1
629(1)
Special Interrogatories To The Jury As To Beatrice Foods
630(2)
Comments and Questions
632(1)
Note: Schlichtmann's Attempt to Save the Case Against Beatrice
632(2)
Memorandum And Order On Defendant Beatrice Foods Co.'s Motion For Immediate Entry Of Final Judgment Under Rule 54(b)
634(4)
Comments and Questions
638(1)
Anderson v Cryovac, Inc., 862 F.2d 910 (1st Cir. 1988)
639(10)
Comments and Questions
649(2)
Renewed Motion for Judgment as a Matter of Law After Trial and Motion for a New Trial
651(40)
Say What? The Special Verdict, Part 2
651(1)
Special Interrogatories To The Jury As To W.R. Grace & Co.
652(2)
Renewed Motion for Judgment as a Matter of Law After Trial
654(22)
W.R. Grace & Co.'s Memorandum In Support Of Motions Re Phase I
655(11)
Memorandum In Support Of Plaintiffs' Opposition To Grace's Motion For A New Trial, Entry Of Judgment, And Dismissal Of Plaintiffs' Claims
666(9)
Comments and Questions
675(1)
Motion for a New Trial
676(15)
W.R. Grace & Co.'s Memorandum In Support Of Motions Re Phase I
677(3)
Memorandum In Support Of Plaintiffs' Opposition To Grace's Motion For A New Trial, Entry Of Judgment, And Dismissal of Plaintiffs' Claims
680(4)
Comments and Questions
684(3)
Memorandum And Order On The Motion Of W.R. Grace & Co. For A New Trial
687(2)
Comments and Questions
689(2)
Appeals and Rule 60 Motions
691(12)
Motion For Entry of Judgment
691(3)
Motion For Entry Of Final Judgment And Approval Of Form Of Final Judgment
692(1)
Comments and Questions
693(1)
Appeal
694(5)
Joint Notice Of Appeal As To Defendant Beatrice Foods, Inc.
695(1)
Comments and Questions
696(2)
Order Of The United States Court Of Appeals For The First Circuit
698(1)
Comments and Questions
699(1)
Rule 60 Motions
699(4)
Claim and Issue Preclusion
703(18)
Preclusion in Subsequent Civil Actions
703(14)
Motion For Preliminary Injunction And Supporting Authorities
704(5)
Plaintiffs' Memorandum In Support Of Their Opposition To Defendant's Motion For Preliminary Injunction
709(7)
Comments and Questions
716(1)
Preclusion and Administrative Proceedings
717(4)
Comments and Questions
718(3)
Conclusion 721(8)
Appendix A: ABA Model Rules of Professional Conduct 729(16)
Appendix B: Ecology and Environmental Report 745(18)
Appendix C: Yankee Report 763(10)
Appendix D: U.D. Geological Survey Report 773(10)
Appendix E: Woburn Childhood Leukemia Follow-up Study 783

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