Civil Procedure Cartoons

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Boyle v. United Technologies Corp. cartoons image illustration picture

Boyle v. United Technologies Corp. Description: government contractors, immune from state liability, federal law preempts state law, federal common law, preemption Select Usage (details) :

Swierkiewicz v. Sorema, S.A. cartoons image illustration picture

Swierkiewicz v. Sorema, S.A. Description: discrimination complaints,.state a prima facie case, evidentiary standard for trial, not a rule of pleading Select Usage (details) :

M.K. v. Tenet cartoons image illustration picture

M.K. v. Tenet Description: Federal Rule of Civil Procedure 18 provides for unrestricted joinder of claims against an opposing party, severence Select Usage (details) :

M.K. v. Tenet cartoons image illustration picture

M.K. v. Tenet Description: Federal Rule of Civil Procedure 20(a) permits joinder of plaintiffs if all claims arose out of the same transaction or occurrence and share common questions of law or fact, permissive joinder Select Usage (details) :

Too, Inc. v. Kohl's Department Stores, Inc. cartoons image illustration picture

Too, Inc. v. Kohl's Department Stores, Inc. Description: Contribution, implead, impleader, indemnity, indemnification, third-party complaint Select Usage (details) :

In Re Petition of Sheila Roberts Ford cartoons image illustration picture

In Re Petition of Sheila Roberts Ford Description: Rule 27, authorize pre-complaint discovery, file a verified complaint Select Usage (details) :

Cummings v. General Motors Corp. cartoons image illustration picture

Cummings v. General Motors Corp. Description: Federal Rule of Civil Procedure 26(a), automatically disclose all documents and tangible evidence on which it intends to rely at trial, dislosure, motion to compel discovery, protective order Select Usage (details) :

Polycast Technology Corp. v. Uniroyal, Inc. cartoons image illustration picture

Polycast Technology Corp. v. Uniroyal, Inc. Description: parties may depose non-party witnesses, deposition, testimony, protective order Select Usage (details) :

Wilson v. Olathe Bank cartoons image illustration picture

Wilson v. Olathe Bank Description: Movants, protective order, federal rule of civil procedure 30(b)(2), record a deposition by nonstenographic means and is given the choice of the method of recording, absent annoyance, embarrassment, oppression, and undue burden or expense. Select Usage (details) :

In Re Auction Houses Antitrust Litigation cartoons image illustration picture

In Re Auction Houses Antitrust Litigation Description: A contract may form the basis of a discovery obligation under the federal rules of civil procedure, interrogatory Select Usage (details) :

Zubulake v. UBS Warburg LLC cartoons image illustration picture

Zubulake v. UBS Warburg LLC Description: Expense and burden of certain discovery requests may be shifted to the requesting party, discoverable matter includes both paper and electronic documents. Select Usage (details) :

Battle v. Memorial Hospital at Gulfport cartoons image illustration picture

Battle v. Memorial Hospital at Gulfport Description: Deposition testimony of an unavailable witness may be introduced at trial, continuance, unavailability Select Usage (details) :

Velez v. Awning Windows, Inc. cartoons image illustration picture

Velez v. Awning Windows, Inc. Description: Rule 56(f), timely respond to a motion for summary judgment, 'sanctions Select Usage (details) :

Nick v. Morgan's Foods, Inc. cartoons image illustration picture

Nick v. Morgan's Foods, Inc. Description: Sanctioned, attorney transgressions, preserve the integrity of the judicial process, sanctions Select Usage (details) :

International Ore & Fertilizer Corp. v. SGS Control Services, Inc. cartoons image illustration picture

International Ore & Fertilizer Corp. v. SGS Control Services, Inc. Description: appellate courts, cross appeal requirement, appellate record. Select Usage (details) :

Semtek International, Inc. v. Lockheed Martin Corp. cartoons image illustration picture

Semtek International, Inc. v. Lockheed Martin Corp. Description: Time-barred, longer statutory period, claim-preclusive effect of a judgment on the merits in a federal diversity action, claim preclusion, res judicata, statute of limitations Select Usage (details) :

In Re African-American Slave Descendants Litigation cartoons image illustration picture

In Re African-American Slave Descendants Litigation Description: courts may order mandatory nonbinding mediation, alternative dispute resolution Select Usage (details) :

Attorney Conflict of Interest cartoons image illustration picture

Attorney Conflict of Interest Description: Larson v. American Family Mutual Ins. Co.; an attorney's failure to sue an insurance company because he wanted to work there landed him in the same lawsuit Select Usage (details) :

General Jurisdiction cartoons image illustration picture

General Jurisdiction Description: Perkins v. Benguet Consolidated Mining Co.; exercise general jursidiction gives court authority to hear all claims at place of defendant's domicile or place of service, without showing connection between specific claims and forum state. Select Usage (details) :

Purchases Alone Do Not Confer Jurisdiction cartoons image illustration picture

Purchases Alone Do Not Confer Jurisdiction Description: Helicopteros Nacionales de Colombia, S.A. v. Hall; buying products from a different state does not expose buyer to court jurisdiction unless sales resulted in other connections Select Usage (details) :

In re Ameriquest Mortgage Co. Mortgage Lending Practices Litigation; cartoons image illustration picture

In re Ameriquest Mortgage Co. Mortgage Lending Practices Litigation; Description: Supplemental jurisdiction; 28 U.S.C. 1367; if federal court has jurisdiction over a federal claim, it has supplemental jurisdiction over state claims so related to original jurisdiction that they form part of the same case or controversy Select Usage (details) :

Supplemental Jurisdiction cartoons image illustration picture

Supplemental Jurisdiction Description: Szendry-Ramos v. First Bancorp; no supplemental jurisdiction (formerly ancillary jurisdiction or pendent jurisdiction) if plaintiff's state law claims substantially predominate over the federal claims or raise complex or novel issues of state law Select Usage (details) :

Short And Plain Statement of the Claim cartoons image illustration picture

Short And Plain Statement of the Claim Description: Bell Atlantic Corp. v. Twombly; sufficient factual allegations required for Fed. R. Civ. P. 8(a)(2) short and plain statement of the claim showing that pleader is entitled to relief, give the defendant fair notice of claim and grounds upon which it rests Select Usage (details) :

Prisoners Must Exhaust Remedies cartoons image illustration picture

Prisoners Must Exhaust Remedies Description: Jones v. Bock; prisoners must exhaust their remedies through the prison system before bringing a lawsuit Select Usage (details) :

Spoliation of Evidence of Airbag Defect cartoons image illustration picture

Spoliation of Evidence of Airbag Defect Description: Silvestri v. General Motors Corp.; sanctionable spoliation is destruction or material alteration of evidence or failure to preserve property for another's use as evidence in pending or reasonably foreseeable litigation; manufacturer opportunity to inspect Select Usage (details) :

Unconscionability Doctrine for Employment Agreement cartoons image illustration picture

Unconscionability Doctrine for Employment Agreement Description: Ferguson v. Countrywide Credit Industries, Inc.; procedural and substantive elements of unconscionability required to render a contract unenforceable; arbitration clause; FAA Federal Arbitration Act Select Usage (details) :

Pre-Dispute Arbitration Agreements Are Enforceable cartoons image illustration picture

Pre-Dispute Arbitration Agreements Are Enforceable Description: Carter v. Countrywide Credit Industries, Inc.; FLSA disputes may be arbitrated under the Federal Arbitration Act (FAA) absent grounds that exist at law or in equity for the revocation of any contract. Select Usage (details) :

Harmless Error Admitting Hearsay Evidence cartoons image illustration picture

Harmless Error Admitting Hearsay Evidence Description: Harnden v. Jayco, Inc.; summary judgment testimony usually form of an affidavit or sworn statement even if a court's consideration of inadmissible evidence is in error, such error is harmless it if does not affect any party's substantial rights. Select Usage (details) :

Collateral Estoppel cartoons image illustration picture

Collateral Estoppel Description: Kovach v. District of Columbia; doctrine of res judicata, or claim preclusion; final judgment on the merits precludes relitigation between the same parties concerning the same factual transaction Select Usage (details) :

Federal Question Jurisdiction cartoons image illustration picture

Federal Question Jurisdiction Description: Grable & Sons Metal Products, Inc. v. Darue Engineering & Manufacturing; federal forum for federal tax litigation sufficiently substantial for exercise of federal question jurisdiction; federal title law; division of labor between state and federal courts Select Usage (details) :

Failure To Warn Lawsuit cartoons image illustration picture

Failure To Warn Lawsuit Description: United Oil Co. v. Parts Associates, Inc.; may obtain discovery regarding any matter, not privileged, relevant to claim or defense; other lawsuits regarding similar products relevant to a defendant's failure to warn; indemnify; indemnity agreement Select Usage (details) :

Spoilation and Discovery Obligations cartoons image illustration picture

Spoilation and Discovery Obligations Description: Zubulake v. UBS Warburg LLC; corporate counsel has duty to communicate discovery obligations so all relevant information is discovered, retained, and produced; once duty to preserve attaches, identify all sources of discoverable information Select Usage (details) :

Amount In Controversy Requirement cartoons image illustration picture

Amount In Controversy Requirement Description: Exxon Mobil Corp. v. Allapattah Services; class action, if named plaintiff meets requirement, supplemental jurisdiction over claims in same case or controversy even if claims for less than jurisdictional amount for diversity jurisdiction; Article III Select Usage (details) :

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