The law regarding subject-matter jurisdiction (SMJ) for class actions is complex. The table below summarizes how to analyze the basics of SMJ under the normal diversity statute (1332(a)) without supplemental jurisdiction, with supplemental jurisdiction (after Exxon), and under the Class Action Fairness Act (1332(d)). The analyses below assume that the class action asserts a state-law claim rather than a federal cause […]
Subject matter Can it be waived? Can it be pierced by court? Privilege Communication between privileged persons Yes No Work product Prepared in anticipation of litigation or trial Yes Yes Posted Feb. 21, 2016
Whose work product is protected? Hickman Rule 26(b)(3) Attorney Protected Protected Non-attorney Not protected Protected What kind of work product is protected? Hickman Rule 26(b)(3) Documents & tangible things Protected Protected Mental impressions not contained in documents or tangible things Protected Not protected Added Feb. 21, 2016
Instructions Below are some, but not all, of the hypos we did in class. Also included are some that we did not do in class. “D” refers to the day on which an event occurs, so D1=Day 1, D8=Day 8 (seven days later), etc. “MOC” means “matter of course.” Basic Rule 15(a) amendment as a matter of course hypos […]
