SEQ CHAPTER \h \r 1

HANDOUT #1

CIVIL PROCEDURE II

PROFESSOR ERIC YAMAMOTO

SPRING 2009

SYLLABUSCourse MaterialsSame 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

SYLLABUSCLASS ACTIONS1.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

JOINDER3.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

DISCOVERY9.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

ALTERNATIVES16.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 assigned18.Catch-up

PRIOR ADJUDICATION19.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 JUDGMENT22.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/APPEALS24.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

JURIES25.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