"Service", "Rio Properties Inc" "Answers", "Zielinkski v Philadelphia Piers- if improper denial, deemed to admit" "Amended Pleadings", "Beeck v. Aquaslide N' Sive Corp- amendment with leave of the court should be freely given when justice requires" "Relation Back", "Krupski v. Costa Crociere- claim is related, D knew of claim within R4(m), D knew or should have known of suit but for P's mistake (focus more on the knowledge of the D than the P)" "Sanctions", "Hadges v. Yonkers Racing- Safe Harbor Rule" "Joinder", "United States v. Heyward-Robinson- same parties, time frames, same basic set of facts. court says claims are related, breach one gives rise to another. logical relationship between claims.<br /> compulsory counterclaims require transaction/occurence interpreted broadly to require a logical relationship not immediateness of connection" "Class Action", "Wal-Mart Stores v. Dukes- commonality= each class member must have experienced the discrimination int he same way" "Discovery", "Gonzales v. Google, Inc- cost shifting, discovery is fluid and can be flexible" "Claw Back Agreement", "Hickman v Taylr- work product" "Discovery Violation Sanctions", "Poole ex Rec Elliot Textron- sanctions because conduct was to delay.<br /> Atty fees require misconduct and bad faith by clear and convincing standard" "Default", "Colleton Prep Academcy, Inc. v. Hoover- not prejudice P, meritorious defense, act with promptness, good faith, no history" "Summary Judgment<br /> 1", "Celotex- no evidence in support of claim" "Summary Judgment 2", "Anderson- burden of proof "preponderance of evidence" has to be incorporated into sj when judge thinks about it" "Summary Judgment<br /> 3", "Matsushita- If there are competing inferences given equal weight by law, P must produce evidence that supports the unlawful inference>lawful one. If 50%, deny MSJ. Inference needs to be >51%. (misapplication= in any claim with competing inferences of relatively equal probability, summary j must be granted bc party can get beyond 50%) Evidentiary law of claim is incorporated into the summary j standard" "Jury", "Markman- patent case should be decided by judge not jury" "Jury 2", "Edmonson- preemptory challenges cannot be baed on race/gender" "JMOL", "Reeves v. Sanderson- no JMOL, raised an inference of discrimination" "New Trial", "Dadurian- finding is against the great weight of evidence" "Relief from Judgment", "Aikens- no extraordinary circumstance that would give P right to reopen case" "Claim Preclusion", "Nestor v. Pratt- damages not available in 1st case, no claim preclusion" "Claim Preclusion 2", "Taylor v. Sturgell- no mutuality, need same parties (6 exceptions- agree to be precluded, legal privity, class actions, nonparty assums control like IRS, agent or proxy, special statute like bankruptcy)" "Issue Preclusion", "Cromwell- partial issue preclusion granted" "Issue Preclusion 2", "Parklane Hosiery- offensive issue preclusion. P could not have easily joined in the 1st claim, judgement doe snot result in unfairness to D" "Erie", "Swift- led to inequitable treatment and forum shopping" "Erie 2", "substantive issue- apply state law<br /> procedural issue- federal law" "Hana", "Pt 1- Erie only applies when twin aims are implicated: 1 forum shopping 2 unequal treatment of diverse litigants Pt 2- If there is a federal rule on point, must apply if constitutional and valid under the REA"
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