This is a tutorial lecture that introduces discovery under the Federal Rules of Civil Procedure. Fist, I give an overview of five of the most important discovery devices, namely depositions, interrogatories, document requests, physical and ment

Judge Katharine Parker Interview (Rule 34 +)

Jun 11th, 2021 35m 56s

This episode is a recording of my conversation with Judge Katharine H. Parker, Magistrate Judge for the U.S. District Court for the Southern District of New York. Judge Parker is an authority on, among other things, electronic discovery. Our co

Claim and Issue Preclusion -- in 40 minutes

Nov 18th, 2020 40m 18s

This episode is a lecture tutorial that offers an overview of the doctrines of claim preclusion and issue preclusion. These doctrines are also know as res judicata and collateral estoppel, respectively. (Confusingly,) These doctrines are also

Erie Doctrine in 40 Minutes

Nov 16th, 2020 39m 35s

This episode is a tutorial lecture about the Erie Doctrine. I cover a little bit of the history leading up to the Erie Doctrine and then offer advice about how to tackle an Erie issue in practice or on an exam. This is a 40-minute introduction

Removal Jurisdiction in Practice

Nov 11th, 2020 34m 19s

This episode is a tutorial lecture about the practical application of the doctrine of removal. Removal jurisdiction describes the circumstances under which an action can be removed, by a defendant, from state court to federal court. The lecture

Supplemental Jurisdiction in Practice

Nov 9th, 2020 42m 56s

This episode is a tutorial lecture about supplemental jurisdiction. This is one of several episodes on the broader topic of federal subject matter jurisdiction. This episodes focuses on the practical application of Section 1367 of Title 28. I

Original Subject Matter Jurisdiction in Practice

Nov 8th, 2020 51m 15s

This episode is a tutorial lecture about original subject matter jurisdiction in federal courts. It introduces--and focuses exclusively on--the doctrines of federal question under 28 USC 1331 and diversity under 28 USC 1332. I do not cover clas

Venue (including transfers and forum non conveniens)

Nov 5th, 2020 1h 11m

This episode is a tutorial lecture about the doctrine of venue. I first cover the federal venue statute, 28 USC 1391. In circumstances when venue is improper, there are two follow-on options: dismissal or transfer. In circumstances when venue i

Notice/Service, 12b4 and 12b5 Motions to Dismiss in Practice

Oct 27th, 2020 41m 33s

This episode is a tutorial lecture about Service of Process under Federal Rule, and the 12(b)(4) and 12(b)(5) motions to dismiss. The episode focuses on a practical application of these Rules.

Interview with A. Ross (re McIntyre Mach. v. Nicastro and Specific Jurisdiction)

Oct 19th, 2020 37m 9s

This episode is my interview with Alexander Ross, Jr., the lawyer who represented Robert Nicastro in J. McIntyre Machiner Ltd. v. Nicastro. The interview took place on October 14, 2020. Because we recorded our conversation with Zoom, the qualit

Personal Jurisdiction in Context

Oct 18th, 2020 39m 30s

This episode is a tutorial that puts the doctrine of personal jurisdiction into some broader context. I offer a little bit of history and offer some big-picture framing that might help you with your mastery of this subject. Notice that there is

ADR

Oct 17th, 2020 31m 22s

This is a tutorial lecture about--and an introduction to--alternative dispute resolution (ADR). I discuss arbitration and mediation, and pose a couple larger questions about ADR.

Summary Judgment in Practice / Rule 56

Oct 5th, 2020 54m 16s

This episode is about the practical application of summary judgment and FRCP 56.

Counterclaims, Crossclaims, and Third-Party Claims/Rules 13 and 14

Sep 21st, 2020 58m 40s

This episode is a tutorial lecture about three types of ancillary claims: counterclaims (compulsory and permissive), crossclaims, and third-party impleader claims.

Simple Joinder/Rules 18 and 20

Sep 19th, 2020 30m 51s

This episode is a tutorial lecture about the joinder of claims and parties under Rules 18 and 20, respectively.

Rule 11 in Practice

Sep 13th, 2020 39m 32s

This episode is about the practical application of Rule 11.

Answers/Rules 8(b) and 8(c)

Sep 5th, 2020 38m 29s

This episode is a tutorial about the defendant's answer to a plaintiff's complaint. I discuss the obligation to admit or deny the allegations of the plaintiff's complaint. And I discuss affirmative defenses. I also briefly mention counterclaims

12(b)(6) in Context

Sep 5th, 2020 22m 47s

This episode puts the 12(b)(6) motion to dismiss in context. I address the historical context of the motion, and its importance in the scheme of litigation.

12(b)(6) in Practice

Sep 5th, 2020 45m 9s

This episode is a tutorial about the practical application of a 12(b)(6) motion to dismiss for failure to state a claim. I focus on the three types of circumstances when courts grant 12(b)(6) motions and offer strategies about how to analyze an

Rule 68 / Offers of Judgment

Aug 16th, 2020 21m 33s

This episode is about offers of judgment under Federal Rule of Civil Procedure 68. I focus on the practical application of Rule 68.

The Due Process Clause, in Practice

Aug 11th, 2020 29m 49s

This episode is an overview lecture about procedural due process. We cover the five elements of due process claims under the 5th and 14th Amendments of the U.S. Constitution, paying particular attention to the 5th element, which requires us to

Interview of Adam Sopko. Snap Removal.

Aug 1st, 2020 43m 53s

In this episode, I interview Adam Sopko. Adam Sopko is (or was then) a third-year law student and the editor-in-chief of the Northwestern Law Review. In this episode Adam offers advice about adjusting to law school. We then discuss at some leng

12(b)(2) / Personal Jurisdiction in Practice

Jul 30th, 2020 55m 9s

This episode is about the 12(b)(2) motion to dismiss for lack of personal jurisdiction. The episode gives an overview of the following jurisdictional bases: Congressional Statutes (S), Federal Rule 4(k)(1)(B) and 4(k)(2) (R), Personal Service (

Rule 15 Motion to Amend

Jul 28th, 2020 26m 50s

This episode is about the Rule 15 Motion to Amend. We discuss the three ways to satisfy 15(a), a threshold test that applies to all amendments in federal court. We then discuss statutes of limitation and the relation-back of amendments.

Remedies

Jul 28th, 2020 56m

This episode is an introduction to topics in Remedies. We discuss (1) the difference between equitable and legal relief; (2) the difference between preliminary and permanent relief; (3) the traditional 4-part test for preliminary relief; and (4

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