Michael Green's CivPro Blog

13(a) sua sponte

Sorry about the delay in posting lately - I had a deadline. Trevor Johnson (whose wife just had a baby and so won't be reading this) had the following question:

May a court dismiss an independent suit sua sponte if the suit was one that should have been brought as a compulsory counterclaim to an ongoing suit? 

Bland v. Roberts

Quoted in the Daily Press about the 4th Circuit's opinion in Bland v. Roberts. The plaintiffs are suing Hampton Sheriff B.J. Roberts for wrongful termination. District Judge Raymond A. Jackson granted summary judgment to Roberts on a number of grounds: the plaintiffs had failed to offer evidence that there was a causal nexus between being fired and their expressive activities, the plaintiffs' actions (including "liking" Facebook posts) were not expressive speech protected under the First Amendment, and qualified immunity applied. The 4th Circuit reversed concerning some plaintiffs.

Transfer of Venue

Charles Gulley asked a great question in class today (one I have never heard before): Sure you might have waived venue as a defense by failing to bring it up in a timely fashion as spelled out in FRCP 12(g)-(h). But you could still ask to transfer the case under 28 USC 1404, right?

Daimler AG v. Bauman

Janie Brittan asked about the Daimler case, which was argued before the US Supreme Court yesterday. Here is how she (accurately) describes it:

a) the claim is being brought by foreign citizens (Argentinians)

b) the claim is against a foreign corporation (DaimlerChrysler - Germany)

c) the claim is being brought in California even though the cause of action didn't occur in CA or even in the US

d) the plaintiff is using the foreign corporation's subsidiary as the "substantial" contact in CA (Mercedes Benz USA)

e) the subsidiary used as the contact in CA was not directly involved in the cause of action (Mercedes Benz Argentina was directly involved, not Mercedes Benz USA)

She is skeptical about whether there could be PJ in California, suggesting that it would contradict the ruling in Goodyear.

More Questions You Could Do Now

Here is a question from last year on Twiqbal. Here is a multiple choice question too.

More questions you should be able to do

Here is a multiple choice question on SMJ and an essay question on PJ, SMJ and Venue that you should be able to do now (or by the end of class on Monday). We haven't gotten to venue yet, but it is easy enough that you don't lose much by ignoring it. [NOTE: I pared back the answer to the essay question a bit. As it was there was much more there than even the very best answer would need.]

Some Questions You Could Do Now

For those chomping at the bit to face an exam question, here is an essay question you might be able to do now. There is a part on venue, which we will not do for a week, but you actually should be able to answer it even now. Some knowledge of supplemental jurisdiction, which we won't do for a few weeks, is relevant too, but the small amount that I have said about it so far could get you through. 

Here is a multiple choice question on service too. [Sorry - the links were wrong initially. I fixed them.]