Open Office Hour10/8

10/8/2014 12:31:00 PM

1. Forum Non conveniens

Private factors: convenience of the partieswhere the witnesses
are, costs of litigating in a particular state, etc.
Public factors: factors that affect the court and/or politywhich law
the court is familiar with, whether theres a forum selection clause,
etc.
2. Laches
a. Just like statutes of limitations, if you wait too long, you lose.
However, it comes up in equity cases. By tradition, the exact period
beyond which its too late is within the discretion of the judge.
3. If a claim arises under supplemental jurisdiction, Erie doctrine still applies.
4. Well-pleaded complaints
a. If youre trying to get your case into Federal court, pursuant to
1331, you look at what the claim is and what a bare-bones
complaintstripped of excess languagewould have to say in order
to say that its a claim. You cant bootstrap a non-federal claim to a
federal claim by adding extra language to the complaintin terms
of defendants defense, etcto say how important this is.
5. Byrd vs. Footnote 9 in Hanna
a. Byrd says that interest analysisfederal vs. stateis important to
determine which rule should be used.
i. Footnote 9 literally says the only considerations to be used in
determining whether to follow state or federal rule is whether
following the federal rule would lead to forum shopping, or
discriminate against in-state residents by giving out of state
residents an advantage. It says nothing about interest
analysis being important But the court does cite Byrd. So its
unclear whether Byrd is still truly good law.
ii. Twin aims of erie in purple
6. Five Motions when judge rather than jury decides
a. They are different in timing, and what documentation is needed
before such a decision is made.
b. First occasion for judge to take case away form a jury=Motion to
dismiss
c. Second: motion for judgment on the pleadings (12c)
d. Third: summary judgment (before trial)

e. Judgment as a matter of law: before OR after jury decides (if after,

it is ~notwithstanding the verdict~)
7. Difference between transfer and forum non conveniens
a. Similar: use same standards
b. Transfer=ONLY from one federal court to another; not a new case
c. Forum non conveniens=everything else (including state courts),
and it is a new case. And if its a 1406 transfer (due to improper
venue) its not a new case b/c its a transfer. But court can also
dismiss under 1406, so if they did, it would THEN be a new case.
8. Transfers and Piper case
9. Supplemental Problem 8
a. See ~compromise~ in notes on 10/7.
b. A strained reading of the word may: that it may be maintained as
a class action, but it may not be maintained for the $500 penalty,
thereby reducing the liability to $440,000.
c.

10/8/2014 12:31:00 PM

10/8/2014 12:31:00 PM