Civil Procedure -- Spring 2008, Prof. Loren

Required Text
Same text as for fall course:
-Yeazell, Civil Procedure (Sixth Ed. 2004)
-Federal Rules of Civil Procedure

*NOTE: Your FRCP has a copy of the stylistically revised rules that became effective December 1, 2007. Copies of the rules and other relevant documents are available on-line, although these documents are quite lengthy -- I advise against printing them out!
-Full Text of New Rules
-Advisory Committee Notes
(includes side-by-side comparisons to old rules)
-General Resource for rule change related material

Syllabus
NOTE: Reading assignments reference the new FRCP rules

I. Discovery
Helpful FRCP Material for the Discovery Unit of the course:
-Advisory Committee Notes on Rules 26-37 (including comparison to old version)

January 14
Introduction
-CB pp. 28-34
-Review Peters-Doge Complaint CB p. 17
-Review Peters-Dodge Answer CB pp. 21-22
-FRCP 26 (review new FRCP, and comparison copy - linked above)
**remember to send Professor Loren an email as requested by her via email on 1/5/08
PowerPoint file from class

January 16
Relevance & Privilege
-CB pp. 407-416
-FRCP 26
On Call Group #1 (last name begins with A-D)
PowerPoint file from class

January 23
Procedure & Methods
-CB pp. 416-427 (including replaced note 3 on page 418 from handout digitally distributed via email on 1/5/08)
-FRCP 26-37
On Call Group #2 (last name begins with E-Ma)
PowerPoint file from class

January 28
Privacy
-CB pp. 427-37
-Supplementary pages, labeled pp. 551-554 (digitally distributed via email 1/5/08)
-FRCP 26, 35
-FRCP 5.2
On Call Group #3 (last name begins with Mc-Sa)
PowerPoint file from class

January 30
Privilege & Work Product
-CB 438-446
-FRCP 26
On Call Group #4 (last name begins with Sc-Z)
PowerPoint file from class

February 4 -- Class Canceled
Prof. Loren will be speaking at DePaul University College of Law, Make Up will be scheduled later in the semester

February 6
Experts
-CB pp. 446-451
-FRCP 26
-Oregon comparison: Stevens v. Czerniak, 336 Or. 392 (2004)(edited version)
On Call Group #1 (last name begins with A-D)
PowerPoint file from class

THURSDAY --February 7
Discovery in the Trenches
Optional Brown Bag Lunch, Room 7 12:15 - 1:00
Renee Rothauge, Bullivant Houser Bailey PC


Additional Optional Readings on Discovery
General
-Subrin & Woo, Litigating in America: Civil Procedure in Context, Chapter 7, pp.129-154 (2006 Aspen) [On Reserve in Library]
Global Context
-Hazard, From Whom No Secrets Are Hid, 76 Tex. L. Rev. 1665 (1998)
-Langbein, The German Advantage in Civil Procedure, 52 U. Chi. L. Rev. 823
-Main, Global Issues in Civil Procedure, Chapter 4, pp.33-54 (2006 West) [On Reserve in Library]

II. Resolution without Trial

February 11, Monday **Class will meet from 3:30-5:00 to make up for canceled class on 2/3
A. Avoiding Adjudication
pp. 465-466;
B. Settlement
pp. 475-486; 490-492
On Call Group #1 (last name begins with A-D)
C. Arbitration
pp. 496-501
On Call Group #2 (last name begins with E-Ma)
Litigation Statistics in Federal Court
(in particular look at table C-4)
PowerPoint file from class

February 13, Wednesday
D. Summary Judgment
pp. 513-521
On Call Group #3 (last name begins with Mc-Sa)
PowerPoint file from class

February 18, Monday
Summary Judgment (continued)
pp. 521-526
On Call Group #4 (last name begins with Sc-Z)
PowerPoint file from class
District of Oregon Local Rules


III. Identifying the Trier & Controlling the Verdict

February 20, Wednesday
A. Judges
pp. 537-539; 28 U.S.C. 144, 455
B. Right to Jury Trial
pp. 546-558 (through note 7)
On Call Group #1 (last name begins with A-D)
PowerPoint file from class

COURT VISIT: BLUE POD
Monday, February 25, 9:15
Mark O. Hatfield Courthouse,
1000 S.W. Third -- Courtroom 14A
map
Pleadings in the case:
Complaint
Answer
Motion for Summary Judgment
Memorandum in Support of Summary Judgment
S.J. Fact Statement
Response to S.J. Motion
Response Facts Statement


February 25, Monday
Right to Jury Trial continued
pp. 558(begin with n.8)- 562; 569-571
On Call Group #2 (last name begins with E-Ma)
PowerPoint file from class

February 27, Wednesday
C. Choosing Juries pp. 571-582
On Call Group #3 (last name begins with Mc-Sa)
PowerPoint file from class

March 3, Monday
D. Controlling the Jury Verdict
pp. 42-45, 583-92; FRCP 50
On Call Group #4 (last name begins with Sc-Z)
PowerPoint file from class

March 5, Wednesday
Controlling the Jury Verdict-continued
pp. 592-94, 600-611; FRCP 59
On Call Group #2 (last name begins with E-Ma)
PowerPoint file from class

IV. Appeals

Monday, March 10
A. Introduction & Final Judgment Rule
pp. 619-634
28 U.S.C. 1291 & 1292
On Call Group #3 (last name begins with Mc-Sa)
PowerPoint file from class

Wednesday, March 12
B. Mechanics and Exceptions to the Final Judgment Rule
pp. 634-647; F.R.A.P. 4(a)
On Call Group #4 (last name begins with Sc-Z)
PowerPoint file from class

COURT VISIT: PURPLE POD
Thursday March 13, 1:45
Mark O. Hatfield Courthouse,
1000 S.W. Third -- Courtroom 14A
map
Pleadings in the case:
Complaint
Motion to Dismiss
Memorandum in Support of Motion to Dismiss
Memorandum in Response
Reply Memorandum

V. Respect for Judgments

Monday March 17
Claim Preclusion
Special guest professor:
Distinguished Higgins Visitor Sam Issacharoff
pp. 45-51; 657-67
On Call Group #1 (last name begins with A-D)

Wednesday March 19
Claim Preclusion -- Continued
pp. 667-72
On Call Group #2 (last name begins with E-Ma)
PowerPoint file from class

SPRING BREAK March 24-28
Optional Summary Judgment hearings:
March 26 9:30a.m.
March 28 10:30a.m.

Class canceled Monday March 31

Wednesday April 2
Extended Class time 3:30-5:00
Claim Preclusion -- Continued
pp. 672-86
On Call Group #3 (last name begins with Mc-Sa)
PowerPoint file from class

Monday April 7
Issue preclusion
pp.686-94
On Call Group #4 (last name begins with Sc-Z)
PowerPoint file from class

Wednesday April 9
Issue preclusion -- continued
pp. 694-702
On Call Group #1 (last name begins with A-D)
PowerPoint file from class

Monday April 14
Issue preclusion -- continued
pp. 703-708
Boundaries of Preclusion
pp.708-715
On Call Group #2 (last name begins with E-Ma)
PowerPoint file from class

Wednesday April 16
Class Canceled due to illness
Collateral Attack
pp. 715-728, FRCP 19
On Call Group #3 (last name begins with Mc-Sa)

Hinkle Decision

VI. Joinder

Monday April 21
**To make up for canceled class last week, class today and Wednesday will run from 3:30-5:00
We will begin class with Class evaluations (10 minutes) and then begin with:
Collateral Attack
pp. 715-728, FRCP 19
On Call Group #3 (last name begins with Mc-Sa)
PowerPoint file from class

We will then cover as much as we can of:
Joinder of Claims
pp.23-28 (notes 1 and 2)
pp. 729-42, FRCP 13, 18
On Call Group #4 (last name begins with Sc-Z)
PowerPoint file from class



Wednesday April 23
**To make up for canceled class last week, class today will run from 3:30-5:00 -- we will pick up from where we end in the material on Monday (same people on call for that material Sc-Z) and then continue on to:
Joinder of Parties
pp.742-54, FRCP 20, 14
On Call Groups 1 & 2 (lass name begins with A-Ma)
PowerPoint file from class


Monday April 28
Last Day of Class
Compulsory Joinder and Intervention
pp. 755-766
FRCP 14, 19, 24
On Call Groups 3 & 4 (last name begins with Mc-Z)
PowerPoint file from class