Civil Procedure
Activity Overview
Episode publication activity over the past year
Episodes
Discovery in Practice
25 Sep 2021
Contributed by Lukas
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 importan...
Judge Katharine Parker Interview (Rule 34 +)
11 Jun 2021
Contributed by Lukas
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 ...
Claim and Issue Preclusion -- in 40 minutes
18 Nov 2020
Contributed by Lukas
This episode is a lecture tutorial that offers an overview of the doctrines of claim preclusion and issue preclusion. These doctrines are also know ...
Erie Doctrine in 40 Minutes
16 Nov 2020
Contributed by Lukas
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 ...
Removal Jurisdiction in Practice
11 Nov 2020
Contributed by Lukas
This episode is a tutorial lecture about the practical application of the doctrine of removal. Removal jurisdiction describes the circumstances under ...
Supplemental Jurisdiction in Practice
09 Nov 2020
Contributed by Lukas
This episode is a tutorial lecture about supplemental jurisdiction. This is one of several episodes on the broader topic of federal subject matter jur...
Original Subject Matter Jurisdiction in Practice
08 Nov 2020
Contributed by Lukas
This episode is a tutorial lecture about original subject matter jurisdiction in federal courts. It introduces--and focuses exclusively on--the doctri...
Venue (including transfers and forum non conveniens)
05 Nov 2020
Contributed by Lukas
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 i...
Notice/Service, 12b4 and 12b5 Motions to Dismiss in Practice
27 Oct 2020
Contributed by Lukas
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 ...
Interview with A. Ross (re McIntyre Mach. v. Nicastro and Specific Jurisdiction)
19 Oct 2020
Contributed by Lukas
This episode is my interview with Alexander Ross, Jr., the lawyer who represented Robert Nicastro in J. McIntyre Machiner Ltd. v. Nicastro. The interv...
Personal Jurisdiction in Context
18 Oct 2020
Contributed by Lukas
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 b...
ADR
17 Oct 2020
Contributed by Lukas
This is a tutorial lecture about--and an introduction to--alternative dispute resolution (ADR). I discuss arbitration and mediation, and pose a couple...
Summary Judgment in Practice / Rule 56
05 Oct 2020
Contributed by Lukas
This episode is about the practical application of summary judgment and FRCP 56.
Counterclaims, Crossclaims, and Third-Party Claims/Rules 13 and 14
21 Sep 2020
Contributed by Lukas
This episode is a tutorial lecture about three types of ancillary claims: counterclaims (compulsory and permissive), crossclaims, and third-party impl...
Simple Joinder/Rules 18 and 20
19 Sep 2020
Contributed by Lukas
This episode is a tutorial lecture about the joinder of claims and parties under Rules 18 and 20, respectively.
Rule 11 in Practice
13 Sep 2020
Contributed by Lukas
This episode is about the practical application of Rule 11.
Answers/Rules 8(b) and 8(c)
05 Sep 2020
Contributed by Lukas
This episode is a tutorial about the defendant's answer to a plaintiff's complaint. I discuss the obligation to admit or deny the allegation...
12(b)(6) in Practice
05 Sep 2020
Contributed by Lukas
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...
12(b)(6) in Context
05 Sep 2020
Contributed by Lukas
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 litig...
Rule 68 / Offers of Judgment
16 Aug 2020
Contributed by Lukas
This episode is about offers of judgment under Federal Rule of Civil Procedure 68. I focus on the practical application of Rule 68.
The Due Process Clause, in Practice
11 Aug 2020
Contributed by Lukas
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 o...
Interview of Adam Sopko. Snap Removal.
01 Aug 2020
Contributed by Lukas
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. ...
12(b)(2) / Personal Jurisdiction in Practice
30 Jul 2020
Contributed by Lukas
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 ...
Rule 15 Motion to Amend
28 Jul 2020
Contributed by Lukas
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 fede...
Remedies
28 Jul 2020
Contributed by Lukas
This episode is an introduction to topics in Remedies. We discuss (1) the difference between equitable and legal relief; (2) the difference between pr...