Civil Procedure

Discovery in Practice

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,

Judge Katharine Parker Interview (Rule 34 +)

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 P

Claim and Issue Preclusion -- in 40 minutes

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 c

Erie Doctrine in 40 Minutes

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

Removal Jurisdiction in Practice

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

Supplemental Jurisdiction in Practice

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 epis

Original Subject Matter Jurisdiction in Practice

This episode is a tutorial lecture about original subject matter jurisdiction in federal courts. It introduces--and focuses exclusively on--the doctrines of federal quest

Venue (including transfers and forum non conveniens)

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 t

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

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 appli

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

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 Oc

Personal Jurisdiction in Context

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 t

ADR

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 ab

Summary Judgment in Practice / Rule 56

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

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

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

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

Rule 11 in Practice

This episode is about the practical application of Rule 11. 

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

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&a

12(b)(6) in Context

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

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

Rule 68 / Offers of Judgment

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