The University of Florida
Levin College of Law
Civil Procedure — Spring 2008
Prof. Pedro A. Malavet

Updated: April 16, 2008

Reading Assignments & Notes

Quicklinks

General

Week 1

Week 2

Week 3

Week 4

Week 5

Week 6

Week 7

Week 8

Week 9

Week 10

Week 11

Week 12

Week 13

Week 14

Review

I will post reading assignments here. Assignments will be updated during the course of the semester. Updated assignment sheets will have Spring of 2008 dates. The related course notes are linked to each assignment below.

Although I am using a new edition, I have returned to the Marcus, Redish and Sherman casebook, so you may find the old syllabus helpful. PLEASE take note of changes in the casebook, but I do expect to cover the material in a similar order.

[click here to view the old reading assignments]

Week One: January 7-8, 2008

 Session

Topic/Pages 
Session 1-A
January 7

Course Syllabus
Session 1-B
January 7

Chapter I. Choosing a System of Procedure, pp. 1-3
Handling a litigatory monster: Dupont Handout
Session 2-A
January 8

Chapter I: The Adversary System: Band's Refuse , 3-18
Session 2-B
January 8

Chapter I: Kothe v. Smith , 18-26

Week Two: January 14-15, 2008

 Session

Topic/Pages 
Session 3-A
January 14 

Chapter II: The Costs and Rewards of Litigation—Remedies and Related Issues

Prejudgment Seizure: Fuentes v. Shevin, US Const. Am. 14, 27-42
Session 3-B
January 14

Prejudgment Seizure: Mitchell v. WT Grant, North Georgia v. Di-Chem, 42-50
Session 4-A
January 15

Prejudgment Seizure: Conn. v. Doehr, 50-67
Session 4-B
January 15

Postjudgment Remedies: Damages, Carey v. Piphus, FRCP 65, 67-84

Week Three: January 22, 2008
(I will NOT teach on Friday, January 25, 2008, which is a legislative Monday)

 Session

Topic/Pages 
Session 5-A
January 22 

Postjudgment Remedies: Equity, Smith v. Western Electric, 84-98
Session 5-B
January 22

The Cost of Litigation: "Costs" & Attorneys Fees, Venegas v. Mitchell, FRCP 54, 28 USC § 1920, 98-108
January 25

  1. Friday, January 25 is a "legislative Monday" to make up the sessions that would have been taught on the Reverend Martin Luther King Holiday. I will not teach on this date. I will make up these two hours with a review session a the end of the semester.

Week Four: January 28-29, 2008

 Session

Topic/Pages 
Session 6-A
January 28 

Chapter III: Pleading

Introduction: Gillispie v. Goodyear, FRCP 1, 2, 8(a), 12(b), US Const. Am. 14, 121-131
Session 6-B
January 28

Specificity, US v. Bd. of Harbor Commissioners, consistency and honesty: McCormick v. Kopmann, FRCP 7(a), 8(a), 12(b), 12(c), 12(e), 12(f), 42, 131-142 (The cases are very short)
Session 7-A
January 29

Sanctions: FRCP 11, Zuk v EPPI, Note that Zuk v. Psychiatric Institute, is a new case, FRCP 11(a), 11(b) ("Safe Harbor"), 11(b)(3), 11(c), 54(d)(1), 143-156
Session 7-B
January 29

  1. Legal Sufficiency of Claims, Mitchell v. Archibald & Kendall, Inc., FRCP 12(b)(6), 12(b), final sentence, 15(a), 56, review Conley v. Gibson, FRCP 11, 8, 156-162

Week Five: February 4-5, 2008

 Session

Topic/Pages 
Session 8-A
February 4 

Chapter III. Pleading Continued

Heightened Requirement of Specificity
Ross v. AH Robbins, FRCP 9(b)[1] & [2], 8(a), 8(a)(2), 163-173
Session 8-B
February 4

The Overruling of Conley?, Handout replaces pp. 173-189.

Follow links to updated notes posted on April 15, 2008

Swierkiewicz v. Sorema, NA; Bell Atlantic v. Twombly; SO WHAT?: Erickson

[Click here to download the handout]

These two cases are likely to require discussion during this session and the first hour of the Tuesday session.
Session 9-A
February 5

C. Defendant's Response:
1. Pre-Answer Motions, Rule 12 Exercises, FRCP 7(a), 12(a), 12(b), 12(g), 12(h), 15(a), 189-191
(short reading assignment, but you must work through the exercises!!).
Session 9-B
February 5

  1. Exercises Continued.
    C. Defendant's Response:
    1. Pre-Answer Motions,     Rule 12 Exercises, FRCP 7(a), 12(a), 12(b), 12(g), 12(h), 15(a), 189-191
    (short reading assignment, but you must work through the exercises!!).

Week Six: February 11-12, 2008

 Session

Topic/Pages 
Session 10-A
February 11 

Chapter III. Pleading Continued.

2. Failure to Answer: Default, Shepard Claims v. William Darrah & Associates, FRCP 4(e), 12(a)(1)(A), 55, 191-199
Session 10-B
February 11

3. The Answer: In General: David v. Crompton Knowles I, FRCP 8, 10(b), 11, 11(b)(4), Affirmative Defenses: Gomez v. Toledo, (Gómez has been reduced to notes), 199-207
Session 11-A
February 12

  1. Counterclaims & Voluntary Dismissal [Focus mostly on Wigglesworth], 207-214

    Counterclaims:     Wigglesworth v. Teamsters, FRCP 12(b), 13, 15(c)(2), 20, Voluntary Dismissal: DC Electronics v. Nartron (Nartron has been reduced to notes at p. 213).
Session 11-B
February 12

E. Amendments to the Pleadings, 214-227:

    1. Permission to Amend, David v. Crompton Knowles II, FRCP 12(c), 15, 15(a), 15(c), 215

    2. Relation Back: Swartz v. Gold Dust Casino, FRCP 12(c), 56, 15, 15(c), 218

Week Seven: February 18-19, 2008

 Session

Topic/Pages 
Session 12-A
February 18 

Chapter IV: Joinder of Claims and Party

Background Notes, 228-234, Parties: [You should skim this re-edited material, but I will focus on the Joinder readings in class].

1.        [Notes] Real Party in Interest:Virginia Electric v. Westinghouse, FRCP 17(a), 19, 228-230 [You should skim this material, but I will focus on the Joinder readings in class]
2.        Fictitious Names: SMU Association of Women Law Students v. Wynne and Jaffe, FRCP 10(a).

Focus: Joinder of Claims (Rule 18) and Parties (Rule 20), 234-242
Permissive Joinder of Claims, FRCP 18(a), Permissive Joinder of Parties, FRCP 20(a), Kedra v. City of Philadelphia, Insolia v. Phillip Morris, Inc., which supersedes Cohen.
Session 12-B
February 18

Compulsory Joinder of Parties, FRCP 19, Janney Montgomery Scott v. Sheppard Niles, 242-260
Session 13-A
February 19

Impleader, FRCP 14(a), Clark v. Associates Commercial, 260-265
Session 13-B
February 19

Counterclaims & Crossclaims, + Impleader exercises, FRCP 13, 13(a), 13(b), 13(g), 13(h), 14, 14(a), 18, 20, 265-267
EXERCISE DAY! Again, we will spend the entire class doing exercises, which means that you must look at the rules with great care.

Week Eight: February 25-26, 2008

 Session

Topic/Pages 
Session 14-A
February 25 

V. Discovery

Discovery Generally: Policies and cost, In Re Convergent Technologies, FRCP 26, 332-342
Session 14-B
February 25

Discovery Devices, FRCP 26, 30, 31, 33, 34, 35, 36, 37, 45, 342-57
REMEMBER: THE QUESTION WILL BE HOW TO CONDUCT DISCOVERY USING SOME OF THE ALLEGATIONS IN JONES v. CLINTON.

[Click here to view the Jones v. Clinton complaint]

We will also discuss initial disclosure. The old materials have been superseded becauseRule 26(a) was amended in 2000 to make it kinder and gentler. Mandatory Disclosure, the old regime: Scheetz v. Bridgestone/Firestone, FRCP 26(a).
Session 15-A
February 26

Scope and Burden, Davis v. Ross, 357-361, Kozlowski v. Sears, FRCP 26(b), 357-368
Session 15-B
February 26

McPeek v. Ashcroft (NEW CASE), FRCP 26(b), 368-380

These are new materials on the discovery of electronic materials and other challenges of the age of technology.

Week Nine: March 3-4, 2008

 Session

Topic/Pages 
Session 16-A
March 3

Work-Product Doctrine: Hickman v. Taylor, 26(b)(1), 26(b)(3), 30(a), 30(c), 30(d)(1), 380-391
Session 16-B
March 3

Attorney-Client Privilege: UpJohn v. US, 391-401
Session 17-A
March 4 

Experts: In Re Shell Oil Refinery, FRCP 26(b)(4), 26(d), 26(e)(1), 26(f), 26(g)(1), 37(c)(1), 401-412
Session 17-B
March 4 

Fact-Gathering Without Judicial Assistance, Corley v. Rosewood, 412-414 [Lecture only, we will spend most of our time on sanctions].

Sanctions: Cine Forty-Second Street v. Allied Artists Pictures, FRCP 26(a), 26(b), 26(c), 37(a), 37(c), 37(d), 415-423.

MARCH 10-14, 2008: SPRING BREAK

Week Ten: March 17-18, 2008

 Session

Topic/Pages 
Session 18-A
March 17

VI. Summary Judgment

Moving for Summary Judgment, FRCP 56
Adickes v. SH Kress & Co. , 424-435
Session 18-B
March 17

  1. Moving for Summar Judgment, continued
    Celotex v. Catrett     , 435-449