Agenda for Complex Litigation Class: Jurisdiction, Class Actions, and Removal, Slides of Civil procedure

Download Agenda for Complex Litigation Class: Jurisdiction, Class Actions, and Removal and more Slides Civil procedure in PDF only on Docsity! Agenda for 33rd Class • Name plates • Joinder (continued) • Introduction to Jurisdiction in complex litigation • Class Actions Docsity.com - Pp. 818ff. Qs 1-2 Joinder Questions Docsity.com SMJ in Complex Litigation • Aggregation of amount in controversy – Relevant for diversity jurisdiction only – See Yeazell pp. 219ff – Single plaintiff may aggregate claims against single defendant – 2 or more plaintiffs may aggregate claims against 1 or more defendants only if their claims are part of a common undivided interest – In class actions, sufficient that one member’s claim meets the amount in controversy requirement OR if total exceeds $5 million • Removal – All defendants must consent to removal. 1446(b)(2)(A) • Some exceptions, e.g. for 1369 • Supplemental Jurisdiction – Note. Supplemental Jurisdiction is about Subject Matter Jurisdiction • NOT personal jurisdiction, venue, etc. – See handout Docsity.com Class Action Questions • Pp. 881ff. Qs 1, 2 • BadCorp manipulated the price of its stock by failing to disclose information that would cause share prices to fall. Would a class action alleging violation of federal securities law against BadCorp on behalf of all shareholders who purchased stock during the period when the information was being withheld be appropriate? • BadPharm supplied blood to hemophiliacs, but failed to screen adequately for AIDS. As a result, many hemophiliacs in dozens of states got AIDS and some died. Would a product liability class action against BadPharm on behalf of all hemophiliacs who contracted AIDS as a result of contaminated blood be appropriate? Docsity.com