ADVANCED CIVIL PROCEDURE
DePaul University College of Law
Spring 2015 . Room 901 (Lewis)
Mark Moller
Office: 715 (Lewis)
(312) 362-5758
mmoller@depaul.edu
This course covers selected topics in complex multi-party litigation, including joinder,
multi-district practice, class actions, and related topics in federal jurisdiction and preclusion.
The required casebook is Richard L. Marcus, Edward F. Sherman, & Howard M. Erichson, Complex Litigation: Cases and Materials on Advanced Civil Procedure (5th ed. 2010)
(hereinafter “M&S”). You are also required to purchase a copy of the Federal Rules of Civil
Procedure that includes the accompanying Advisory Notes. I recommend purchasing the latest
edition of the Federal Rules of Civil Procedure: Educational Edition published by West. In addition, I will also occasionally distribute supplemental materials via D2L (these reading assignments are denoted “D2L” in the syllabus).
You are expected to come to class prepared to discuss each week’s subject. Reading assignments, which may be substantial, are to be completed before the class for which they are assigned. Be sure to read any relevant Federal Rules of Civil Procedure referenced in your assigned casebook reading.
On-time attendance is mandatory, and participation in class discussions is encouraged
and expected. Unexplained absences, lack of preparation, or failure to participate meaningfully
will adversely affect your final grade.
I will administer an open-book, in-class examination at the conclusion of the course,
about which I will discuss in greater detail mid-way through the course.
Office hours are 3-4 p.m., Tuesdays and Thursdays. I am, however, freely available outside of office hours by appointment.
The syllabus is arranged as a series of topics. We will proceed sequentially through the
topics and, in general, will cover about one topic per class—although, sometimes, particularly in
the section on class actions, we will cover a single topic over the course of a couple of classes.
Upcoming reading assignments will be announced each Monday in class.
The topics for the first several weeks of the semester, or so, may be found below. For the
first class, please do the reading for Topics 1 and 2. For the second class, please do the reading
for Topic 3.
Finally, a word to the wise: This is a tough but manageable course, which presumes that
you remember the basics of first year Civil Procedure. I will not be spending a lot of class time
going back over first-year topics, but, if you are rusty on first year Civ Pro, you will find this
class much more difficult than it needs to be. Therefore, ask yourself: what do you remember
about topics like personal jurisdiction, subject matter jurisdiction, pleading, summary judgment,
preclusion, or the stages and sequence of pre-trial civil litigation. If the honest answer is, “not
much!,” now is the time to review your first year notes.
Topic
Reading Assignment
1
Introduction
M&S 1-23
2
The Principles of Preclusion
D2L: Excerpts from Frier v.
Vandalia, Searle Brothers v.
Searle, and Parklane Hosiery
v. Shore
3
Permissive Joinder
M&S 24-34
FRCP 18
FRCP 20
4
Compulsory Joinder
M&S 45-58
D2L: Handout with Practice
Questions
FRCP 19
FRCP 4(k)
5
Intervention
M&S 64-78
FRCP 24
6
Consequences of Failure to Intervene
2
M&S 78-94
7
Third Party Joinder
D2L: Price v. CTB, Inc.
8
Joinder of Claims
D2L: Handout with Practice
Questions
FRCP 13
FRCP 18
9
Consolidation and Transfer Mechanisms I
M&S 34-45, 107-23
Review Rule 20
FRCP 42
28 U.S.C. §§ 1404, 1406
10
Consolidation and Transfer Mechanisms II: The MDL Transfer
Scheme
M&S 133-50
11
Introduction to Class Litigation
M&S 210-27
3