HANDOUT #1
CIVIL PROCEDURE II
PROFESSOR ERIC YAMAMOTO
SPRING 2009
SYLLABUS
Course Materials
Same Casebook and Rules Supplement as fall semester.
Yeazell, Civil Procedure (7th ed. 2008) (must use 7th edition)
Packets of Materials Available at Copiers
Overview
The Course Information handout from the first semester remains in effect this semester.
In addition to reading the text and notes of the casebook, please read all constitutional
provisions, the Federal Rules of Civil Procedure and other statutes in the Civil Procedure
Supplement. Also, read any Advisory Committee Notes on the Federal Rules.
This syllabus is designed to give you an overview of material we will cover this semester
as well as specific assignments. It is subject to revision. If revisions are made, I will try to give
you plenty of advance notice.
Some of the Casebook assignments are relatively short (in terms of the number of pages)
so that you can focus your class preparation on the rules. You will be expected to analyze and
outline each assigned rule before class--its component parts, its underlying policies as reflected
in the Advisory Committee Notes, and its relationship to other rules. It will be particularly
important to come to class with a grasp of how each rule operates. If a case or the preliminary
material in the casebook cites a rule of procedure, you should study it even if it has not been
specifically assigned.
Where articles are assigned, please read and brief them the way you would other assigned
materials.
CIVIL PROCEDURE II
PROFESSOR ERIC YAMAMOTO
SPRING 2009
SYLLABUS
CLASS ACTIONS
1.
Class Actions (Overview and Constitutional Concerns)
pp. 798-802, 814-821
Rule 23(a, b), 23(c)(1A), (c)(5)
Pay special attention to certification requirements (23(a)) and types of
class actions (23(b) and to Adv. Com. Notes for 1966 Amendments
Hansberry v. Lee (emphasize)
Minow article, "Case of Legal Language" - Handout
2.
Class Actions (Prerequisites, Types, Settlement)
pp. 799-802
Rule 23 a, b(1), b(2), b(3), c(1), c(2)(A, B), c(5), e(1), g(1)
Read carefully Adv. Com. Notes to 2003 Amendments
Communities for Equity v. Michigan High School
pp. 803-811
Go onto internet and find news article or case opinion on class actions and be
prepared to discuss
JOINDER
3.
Defendant's Counterclaims
Booth v. Lewis - Handout
Rules 13(a, b, f), 42(b)
pp. 737-739 (middle)
Joinder by Plaintiff
Mosely v. General Motors
Rules 20(a), 21, 18(a)
pp. 749-755
4.
Co-Defendant Cross-Claims
Rules 13(g)
Joinder by Defendant (Impleader)
Price v. CTB
pp. 755-760
Rule 14(a)
Interpleader (skim)
Rule 22; U.S.C. sections 1335, 1397
pp. 792-93
ERIE (State Law in Federal Court/Diversity Jurisdiction)
5.
10th Amend. Constitution
Art. I Section 8
Art. III Section 1
U.S.C. § 1652
Swift v. Tyson (brief case separately) (emphasize), pp. 221-224
Erie Railroad v. Thompkins (emphasize)
pp. 224-232
6.
Guaranty Trust v. York
Byrd v. Blue Ridge
pp. 233-240
(Ragan and Bernhardt cases in chart)
7.
Hanna v. Plumer
pp. 240-246
U.S.C. § 2072
Art. III Section 1
8.
Erie Synthesis
Review Erie, York, Byrd and Hanna cases and class notes
Exercise
DISCOVERY
9.
Discovery (Scope, Use)
pp. 415-418
Davis v. Precoat
Rules 26(b)(1) and (2) (emphasize), 37(a)(2)(B), 37(a)(4)(A)
Discovery Abuse
Halperin, Discovery Abuse (Products Liability Cases) (emphasize) (do
case briefs of Suzuki and Dupont mini-cases) – Handout
10.
Discovery Devices (carefully analyze rules, Notes and Problems)
Review carefully Buffalo Creek use of specific discovery devices
Review Rule 26(b)(2C)
Mandatory Disclosure
Rules 26(a)(1), 37(c)(1)
Depositions
Rules 30(a)(1), 30(a)(2A), 45(a)(1C), 45(a)(3), 45(c)(1), 45(e)
Interrogatories
Rules 33 (a)(1)
Documents and Things
Rule 34(a)(1), 34(b)(2A)
Physical and Mental Examinations
Rule 35(a)(1), (b)(1) and (3)
pp. 426-437
11.
Work Product Immunity (Attorney Privacy)
Rule 26(b)(3A), 26(b)(5A)
Hickman v. Taylor
pp. 442-449
12.
Experts
Rules 26(b)(4)(A and B) (emphasize), 26(a)(2)(B) (emphasize), 26(c)
Thompson v. Haskell
Chiquita v. M/V
pp. 449-454
Protective Orders
Rule 26(c)
13.
Sanctions
Rules 37(b)(2) (emphasize), 37(d)(1), (d)(2) and (d)(3) (emphasize),
26(g)(1 and 3) (emphasize);
Wong v. City & County (Hawaii case) - Handout
Zabulake v. UBS Warburg
pp. 460-472
14.
Ethical Allegiances
Magistrate's "Order Compassing Discoverable
Documents" - Handout
Heracles' Bow (James Boyd White) (emphasize) (identify all key
relationships) - Handout
15.
Class Exercise
ALTERNATIVES
16.
Alternative Dispute Resolution
pp. 473-474
"The Lawyer Turns Peacemaker" news article - Handout
Crowley et al. article, "(Mediation) What is Gained and What
Is Lost" - Handout
Yamamoto article, "ADR: Where Have The Critics Gone?"
Mediation/Arbitration Exercise -- Materials to be distributed
17.
Rules of Hawaii Circuit Courts and Local Practic
Pretrial Statements - Handout
Judicial Management
pp. 540-542
Additional materials to be assigned
18.
Catch-up
PRIOR ADJUDICATION
19.
Res Judicata (Claim Preclusion)
p. 667
Federated Department Stores - Handout
Rush v. City of Maple (read carefully and brief Vasu case within Rush)
pp. 42-48, pp. 674-676 (scrutinize Restatement test, p. 674(c))
20.
Collateral Estoppel (Issue Preclusion)
Illinois Central v. Parks
pp. 686-693
Pele Defense Fund v. Puna Geothermal - Handout
21.
Collateral Estoppel: Persons Benefitted and Bound (Mutuality and Offensive
Use)
Parklane Hosiery (emphasize)
pp. 694-701
SUMMARY JUDGMENT
22.
Summary Judgment
Rule 56 (a, c, e) (emphasize)
pp. 526-528
(Hawai`i Law)
Arimizu - Handout
Bidar - Handout
Feliciano - Handout
23. Summary Judgment
Feliciano (continued from previous class)
(Federal Law)
Celotex (- (read carefully Brennan dissent and Notes and Problems)
pp. 529 - 535
Rule 56(c, e, f)
DIRECTED VERDICT/JNOV/NEW TRIAL/APPEALS
24.
Directed Verdict/JNOV
Rule 50(a and b) (emphasize)
pp. 598-602
New Trial
Rule 59(a)(1), (b)
pp. 609-611
Remittitur and Additur
pp. 616-617
Appeals
Rule 58(a)(1), 54(b)
Cades Schutte v. Jenkins - Handout
JURIES
25.
Jury Trial
Juries
Rules 38(a, d), 47(b), (c)
pp. 556-559
Peterson v. Wilson
pp. 618-23
Constitutional Amendment VII
26.
Finish Jury Trial
Review