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Civil Procedure (Pleadings (Class actions (Commonality, Adequacy, numbers,…

- - - - Lack of personal Jx
      - Insufficient service of process or insufficient process
      - Improper venue
      - Failure to state a claim
      - Failure to join an indispensable party
  - - - if not included, waived
  - - - Impleader
      - Interpleader
      - Intervention
  - - - same transaction or occurrence, must be brought
    - - discretionary against co-party in same transaction/occurrence
- - - - w/in 28 days of judgment
    - - Made w/in 28 days: relates to errors at trial or verdict against manifest weight of evidence
- - - - Interlocutory Appeal
- - - - work product
- - - - Federal
        
        Limited
        
        Federal Questions
        
        Constitutional
        
        Diversity
        
        Diversity of citizenship
        
        $75,000 in controversy
      - State
        
        General
    - - Federal court can hear pure
        state law claim if nucleus
        of operative facts
      - Removal
        
        D in state court can remove to federal court if fed.court would have Jx
      - Remand
        
        Fed. court can remand back to state if no fed. Jx
    - - In Personam
        
        domicile/service
        
        served in state
        
        consent
        
        state long-arm statutes
      - In rem
        
        court has Jx over property that is subject of the claim
      - Quasi in rem
        
        court has Jx over property that is attached to satisfy judgment in the action
    - - plaintiff must bring claim in proper venue
        
        where any D resides, if all in same state
        
        federal district where substantial part of claim arose
        
        where D can be found provided court has personal Jx
      - Improper
        
        For D, must be brought up in first responsive pleading
        
        Motion to transfer
- - - - file motion w/in 14 days of service of complaint
- - - - Cannot be relitigated if claim arises b/w same parties or those in privity w/ them
      - cannot be same transaction/occurrence
      - Claim on merits had proper SMJ and PJ
    - - issue cannot be religtated
        
        may not be used against someone that was party in previous action
        
        may be used offensively by one who was not a party to the first action against one who was a party in the earlier suit
        
        Courts reluctant
        
        Could party have joined in first suit?
        
        procedural opportunities available to D in second suit unavailable in earlier suit
        
        Did D have incentive to litigate in first action?