Category: Civil Procedure I

Civil Procedure I #38: Supplemental Jurisdiction Amount in Controversy Requirements

US Code 1367 codified Owen, which required diversity to be satisfied by supplemental parties in federal court solely on diversity. But what if the supplemental parties are diverse, but fail to meet the amount in controversy requirements? The Supreme Court will answer that question in this, our final Civil Procedure I episode.

Rosario Ortega v. Star-Kist Foods, Inc.

Civil Procedure I #37: Impleader

As we have seen in supplemental jurisdiction and joinder, the courts desire to efficiently decide multiple cases by grouping them together. Impleader will allow a defendant to bring in a party that said defendant claims will be liable for all or part of the amount won by the plaintiff.

Clark v. Associates Commercial Corp.
Augentini v. Cappenllini v. Holy Spirit Association for the Unification of World Christianity

Civil Procedure I #36: Joinder

There will often be multiple potential plaintiffs, defendants, or causes of actions arising from any given controversy. Joinder allows the courts to adjudicate all of these claims at once, in order to promote efficiency. However, not all claims or parties can be joined.

Rule 18
Rule 20
Kedra v. City of Philadelphia
Insolia v. Phillip Morris, Inc.

Civil Procedure I #32: Rule 11 Sanctions

Rule 11 gives us the fun and frolic of sanctions. When can a lawyer or a client get hit with monetary penalties for their conduct? Is unfamiliarity with a legal subject sanctionable? We’ll get answers from a case revolving around one of my favorite subjects: copyright.

Rule 11
Zuk v. Eastern Penn. Psychiatric Institute of the Medical College of Penn.