Civil Procedure & Litigation Flashcards

Summary judgment under Rule 56(a) is proper when the movant shows:

Answer: There is no genuine dispute as to any material fact and it is entitled to judgment as a matter of law

Rule 56(a) requires no genuine dispute of material fact plus entitlement to judgment as a matter of law.

To file a renewed motion for judgment as a matter of law under Rule 50(b), a party must have:

Answer: Moved for JMOL under Rule 50(a) before the case was submitted to the jury

A Rule 50(b) motion renews a pre-verdict Rule 50(a) motion and cannot raise new grounds.

A motion for a new trial under Rule 59 must be filed no later than:

Answer: 28 days after entry of judgment

Rule 59(b) sets a 28-day deadline after entry of judgment.

A Rule 60(b)(1) motion for relief from judgment based on mistake or excusable neglect must be made:

Answer: Within a reasonable time and no more than one year after judgment

Rule 60(c)(1) caps motions under 60(b)(1)-(3) at one year.

Claim preclusion (res judicata) generally requires all of the following EXCEPT:

Answer: That the issue was actually litigated

Actual litigation is an element of issue preclusion; claim preclusion bars claims that could have been brought.

In Parklane Hosiery v. Shore, the Supreme Court held that offensive nonmutual collateral estoppel:

Answer: May be allowed at the trial court's discretion, considering fairness factors

Parklane gave trial courts broad discretion, weighing whether the plaintiff could easily have joined and fairness to the defendant.

A federal court sitting in diversity must apply which state's choice-of-law rules?

Answer: The forum state's, under Klaxon

Klaxon v. Stentor extends Erie by requiring federal courts to apply the forum state's conflicts rules.