The topic was ‘the evolution of federal question jurisdiction’:
Prof V: It’s hard to remember that before 1875, the Federal Government had a very limited role, especially today when the government is taking over banks and the entire economy…
The topic was ‘the evolution of federal question jurisdiction’:
Prof V: It’s hard to remember that before 1875, the Federal Government had a very limited role, especially today when the government is taking over banks and the entire economy…
Civil Procedure was funny today. I suspect it has something to do with Professor V realizing that our massive memo was due this morning.
We continued our Personal Jurisdiction discussion with Helicopteros1:
Professor V: “The Supreme Court says, somewhat unhelpfully, that “whatever the standard is, it’s not met.”
Professor V’s trickery:
Professor V: “Would there be specific jurisdiction in Texas for a Third Party Complaint?”
Jill: “Well your note told us to look at the Rosenberg case…”
Professor V: “Was that helpful or misleading?”
Jill: “Well I thought it was helpful but maybe I was misled!”
The Plaintiffs argued2 that cashing a check from Texas could serve as a basis for personal jurisdiction:
Professor V: “It’s surprising that the lawyers argued this with a straight face. It’s a bit of a stretch. And an argument like this tends to undermine your entire case…”
Professor V: “So if you receive a check for $10,000 from North Carolina, you’re not going to say, “Ooo, North Carolina.I don’t know if I want to cash this. I might be subject to personal jurisdiction there!”
C’mon just hit me:
Professor V: “The only other case we have about general jurisdiction is the All-State case where the insurance company claimed that there wasn’t jurisdiction. But with a name like All-State you’re asking for it! It’s like saying “C’mon! Just hit me!”
3,000? Really?
Professor V: “And then we have this law review article3 where the professor suggested that he looked at 3,000 general jurisdiction cases…and he somehow got tenure anyway…”
1 Helicopteros Nacionales de Colombia, S.A. v. Hall, 466 U.S. 408 (1984).
2 among other things. This was the weakest argument.
3 34 Seton Hall L.Rev 807 (Westlaw: 34 SHLR 807)
Jack shared his thought process with the class:
Professor V: “Let’s suppose California didn’t let non-residents sue within the state. What would happen on appeal?”
Jack: “I don’t know.”
Professor V: “Well, what about other classes that you’ve taken? Can you think of anything you learned last semester?”
Jack: “Let me think. Not contracts. Um… I have no idea. Seriously! I have no idea! Not contracts right? Um. No seriously, let me think. Um…What classes did I take?”
Professor V: “Well, we are dealing with multiple states…”
(silence, chuckles)
Jack: “Oh wait, Conlaw?”
Yes. Conlaw.
Then Jill had a 10 minute question. Professor V looks up at the clock and says:
Professor V: “I don’t know whether you were trying to run out the clock but you did.”
Jack says nevermind:
Professor V: “So what type of evidence is allowed?”
Jack: “Well, you can go to rule 56(c) and the permitted materials from rule 56(e)(1), or you can go to rule 32…”
Professor V: “Wait, so where are we going?”
Jack: “Uh, I shouldn’t have opened my mouth…”
Re: The Elvis hypo
Professor V: It’s pretty persuasive that when you clean your gun you don’t put it in your mouth to lick it off.”
Prof V gave us an insurance dispute hypo. The fact pattern is a tad graphic:
On Saturday morning, February 17, 1996, Priscilla Anderson left the apartment to do some grocery shopping. When she left, Elvis Anderson was sitting at the kitchen table. A cloth was spread out on the table and resting upon it were Elvis’ revolver and a bottle of cleaning solvent. Two hours later, Priscilla returned to the apartment and found Elvis dead from a gunshot wound to the head. The autopsy report found that Elvis had died from a shot into his mouth and through his brain. The medical examiner determined that at the time the bullet had been released the barrel of the gun was fully inside the decedent’s mouth.
… who said CivPro was boring?