Required book. Per the Stetson online bookstore, the required casebook is the current version of Glannon’s Civil Procedure: A Coursebook (5th ed. Aspen 2025) (casebook), along with Glannon’s 2025 rules supplement. Using the link on the bookstore, you can purchase hard copies of the casebook and rules supplement along with an electronic copy of the casebook. Do not use or purchase older versions of the casebook or rules supplement, as the law changes constantly.
Abbreviations. “FRCP” refers to rules of the Federal Rules of Civil Procedure, which can be found in the rules supplement. “Casebook” refers to the 5th edition of the Glannon casebook.
Bring to class. Bring your casebook and rules supplement to each and every class.
Future assignments. I’ll post more further assignments shortly. If you have any questions in the interim, please don’t hesitate to reach out to me at inathenson@law.stetson.edu.
WEEK 1
Mon., Aug. 18 (class 1): Introduction
- Skim pp. 1-40 of the casebook for background on the American court system. However, the bulk of our first class will be spent on the materials below.
- Two Men and a Truck case with study/drafting questions, at https://www.nathenson.org/courses/civpro/resources/two-men/.
- FRCP 55 and 65.
Wed., Aug. 20 (class 2): SMJ (Diversity 1, AIII, 1332(a) COS)
- Rules supplement: U.S. Const’n, Art. III; 28 U.S.C. § 1332(a), (e).
- Casebook pp. 43–63.
- Prepare answers to Diversity Jurisdiction problem set questions 1-9. I will do some, but not all of these, in class. Be prepared to explain your answers if called on. Pay especially careful attention to the text of Section 1332, also heeding that some of the law relevant to diversity jurisdiction comes from the cases as well.
| Supplemental materials for week 1 (posted 8/22/25):
Diversity screencasts. The second video has information on 1332(a)(2) that I’d like to address in class 3, but you can watch it now:
Briefing guidance.
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WEEK 2
Note (8/22): See boxed “Supplemental Materials for week 1” above under week 1 assignments (added 8/22), as promised. I also added some materials on case-briefing you might find to be helpful. TLDR: In my opinion, the only difference between 1L case briefs, judicial opinions, and IRAC essay answers are the audiences and purposes of each type of writing. But all include IRAC, and two of them add F (facts). Please see the “Briefing guidance” above for further details. I’ll surely discuss it in class at some points. Additionally, keep your eyes out for an email from me with the promised ChatGPT “brief,” my case markup, and the link to LB.
Mon., Aug. 25 (class 3): SMJ (Diversity 2, corporations, AIC)
- 28 U.S.C. § 1332 (in full)
- Casebook pp. 63-92
- Remaining diversity problems
| Supplemental materials (posted 8/26/25):
The explanations for the diversity problem set have been unlocked. Materials taking another dive into what we covered in this class, for you to review at your chosen pace:
Here are other learning materials that are intended to help you learn how to read statutes and the FRCP. We will address this in class from time to time. |
Wed., Aug. 27 (class 4): SMJ (Federal question)
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- 28 U.S.C. §§ 1331, 1338
- Casebook pp. 93-109, 125-27
- FQ problem set
| Supplemental materials (posted 8/27 and 8/28/25): |
WEEK 3
Mon., Sept. 1 (no class)
- Labor Day
Wed., Sept. 3 (class 5): SMJ (Removal)
- 28 U.S.C. § 1441(a)-(c), (f)
- 28 U.S.C. § 1446(a)-(d)
- 28 U.S.C. § 1447
- 28 U.S.C. § 1454
- Casebook pp. 129-145. Note that although we will touch on cases, the main focus today will be on the problem set and the statutes. You should read the statutes using the skills addressed in the handout on Reading a Rule, and if time permits, you might benefit from watching the associated screencast.
- Prepare answers to the Removal jurisdiction problem set.
- Bonus (this is intended to supplement your parsing of the statutes): Top 10 Things You Need To Know About Removal
Thurs., Sept. 4: Evening Zoom chat session (7PM)
- Optional, Q&A, AMA, outlining ideas.
- Zoom link sent via email. Contact me if you did not receive it.
Supplemental materials for week 3 (posted 9/4/25):
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WEEK 4
Mon., Sept. 8 (class 6): Personal jurisdiction (traditional and modern frameworks)
- We’ll start with the final Removal problem before moving into the next major topic, Personal Jurisdiction. See the comment above in the box re 1441(c).
- SMJ, PJ, and venue compared
- Handout on Pennoyer v. Neff
- U.S. Const. am. XIV, section 1
- Casebook pp. 149-152, 157-180 (and skim pp. 152-157)
- Prepare answers to International Shoe study questions
Wed., Sept. 10 (class 7): Personal jurisdiction (refining Shoe)
- Casebook pp. 181-210
- Prepare answers to WWVW study questions
- Prepare answers to Burger King study questions
Supplemental materials for week 4 (posted 9/11/25):
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WEEK 5
Mon., Sept. 15 (class 8): Personal jurisdiction (stream of commerce, relatedness)
- Casebook pp. 211-243
- Prepare answers to Asahi study questions
Wed., Sept. 17 (class 9): Personal jurisdiction (general jurisdiction; in-rem/quasi-in-rem)
- Casebook pp. 255-292, 294-297
- Handouts on general jurisdiction, the steps in analyzing specific/general jurisdiction, and then the current status of Pennoyer‘s traditional bases.
WEEK 6
Mon., Sept. 22 (class 10): Personal jurisdiction (state and federal “long arm” statutes; review of PJ)
- U.S. Const’n, Am. V
- FRCP 4(k)
- Casebook pp. 299-316
- Prepare answers to study questions on long-arms
- Prepare answers to the Personal Jurisdiction problem set. We will discuss selected problems in class.
Wed., Sept. 24 (class 11): Other aspects of Due Process (notice, service of process)
- FRCP 1, 4, 5, 6
- Casebook pp. 317-336, 348-351
- Study questions on notice and FRCP 4, 5, and 6
- Supplemental (added 9/23/25): I’ll spend some time on these, you might find this handout to be helpful.
Thurs., Sept. 25: 7PM EST Zoom session (optional) to discuss PJ
- Link sent out via email
Supplemental materials (posted 9/22, 9/25, & 9/26/2025):
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WEEK 7
Mon., Sept. 29 (class 12): Venue, transfer, forum non conveniens
- 28 U.S.C. §§ 1390, 1391(a) through (d)
- 28 U.S.C. §§ 1404, 1406
- Casebook pp. 355-372, 373-384
- Questions/problems, prepare answers:
- Handouts:
Wed., Oct. 1 (class 13): Introduction to pleading; notice versus plausibility pleading
- FRCP 7, 8(a), 8(d), 8(e), 9, 10, 12(b)(6)
- CB pp. 405-407, 421-440, 447-452 (starting with n.2)
- Be prepared to discuss Iqbal hypos
| Supplemental materials for week 7 (posted 10/2/25): |
WEEK 8
Mon., Oct. 6 (class 14): Defendant’s options (default, pre-answer motion, answer)
- FRCP 12 and FRCP 55. Pay close attention to the language of these rules, particularly Rule 12.
- CB pp. 453-455, 464-489, 496-497
Wed., Oct. 8 (class 15): In-class midterm
- Open book
- Formative, scored, but does not count towards your final grade.
- I would urge you to take it very seriously nonetheless.
- You can find some of my old midterms here to prepare.
| Important information on Civ Pro midterm (posted 10/2/25):
CIV PRO – The exam is 90 minutes long, with one fact pattern, two essay questions, and five multiple-choice questions. I’ve also resolved matters with the Registrar’s office. The exam will be open-book as intended: you can bring in your supplement, your physical casebook, and any printed notes or outlines, etc. You can also access any materials available on your computer such as saved notes, etc., but the internet will be locked out. Thus, if you use an electronic casebook, make sure it is downloaded to your device prior to the exam. I’ve also uploaded my most recent midterm to the website and provided a link to a page with additional exam resources.
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WEEK 9
Mon., Oct. 13 (class 16): Care & Candor in Pleading, Sanctions
- FRCP 11
- Casebook pp. 499-523
Wed., Oct. 15 (class 17): Amendments & Relation-Back
- FRCP 15
- Casebook pp. 525-529, 539-564
- Prepare answers to relation-back scenarios found here. Draw timelines, be prepared to discuss.
Week 10:
Mon., Oct. 20 (class 18): Joinder
- FRCP 13, 14, 18, 20, 21, 42
- Casebook pp. 567-605 (read text and notes; skim cases)
Wed., Oct. 22 (class 19): Supplemental jurisdiction
- 28 U.S.C. § 1367
- Casebook pp. 671-683, 694-705
- Handouts:
- Prepare answers to 1367 problem set
- Optional post-class: CALI lesson on basics of supplemental jurisdiction
Week 11:
Mon., Oct. 27 (class 20): Discovery I (standard; privileges, work product, and proportionality)
- Study questions set 1: scope of discovery
- FRCP 26(b)
- Casebook pp. 709-711 (up to case), 719-750
- Handouts:
- Optional post-class: YouTube discovery videos, view ones relevant to today
Wed., Oct. 29 (no class): Professor in-service day
- No classes
Week 12:
Mon., Nov. 3 (class 21): Discovery II (devices)
- Study question set 2: discovery devices
- Read all discovery rules noted in reading, esp those noted in the study questions and hypos.
- Casebook pp. 751-788
- Prepare answers for:
- Optional post-class: YouTube discovery videos, view ones relevant to today
Wed., Nov. 5 (class 22): Discovery III (enforcement & sanctions)
- FRCP 26(c), (g)
- FRCP 37
- Casebook pp. 789-807
- Prepare answers to study questions on chapter 23: discovery controls.
- Optional post-class: YouTube discovery videos, view ones relevant to today.
Week 13:
Mon., Nov. 10 (class 23): Choice of Law (Erie/REA)
- Today’s class will be taught remotely on Zoom (link via email).
- Rules of Decision Act, 28 U.S.C. § 1652
- Rules Enabling Act, 28 U.S.C. § 2072
- Casebook pp. 811-813, 821-835, 851-852, 862-875
- Erie doctrine: horizontal and vertical choice of law
- Substance & procedure, before and after Erie & the FRCP
Wed., Nov. 12 (class 24): Voluntary dismissal; summary judgment
- Today’s class will be taught remotely on Zoom (link via email)
- FRCP 16 (skim)
- FRCP 41 and 56
- Casebook pp. 930-967
- Handouts:
- Rule 41 dismissal compared to Rule 15 amendments
- Hypos on voluntary dismissal and the “two shot” rule
- Why Rule 56 is the “put up or shut up” rule.
- Types of summary judgment. Ask yourself: what type of SJ case is Slaven? Celotex? Why is the “Proof of all my own elements” type of SJ potentially more difficult to obtain than the other types? Why can’t a plaintiff obtain SJ on her own claim using the Celotex method?
- Differences between dispositive motions: R12(b)(6), 12(c), 56, 50(a), 50(b)
Week 14:
Mon., Nov. 17 (class 25): Trial & post-trial motions
- U.S. Constn., Seventh Am.
- FRCP 50, 59, 60, 61
- Casebook pp. 1003-1030
- Prepare answers to questions 1-6 of the JMOL/MNT problem set
- Handouts & study materials:
Wed., Nov. 19 (class 26): Appeals & preclusion
- Appeals
- Appealability problem set
- Read all rules and statutes referred to in the problem set.
- Suggested: CB Chapter 32 (not cases)
- Preclusion:
- Handouts at this link
- Casebook pp. 1132-1135, 1167-1169
Note 11/21/25 –
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Updated Nov. 21, 2025
