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Litigation – Course SyllabusProfessor: Russell
J. Ippolito Office Hours: Office hours are posted each semester on Professor's office door. Course Books:
Suggested Readings: Grading:
Tests: If a student is unable to attend the midterm or final, the student must give me notice prior to the exam or the student may not be permitted to take the exam. The midterm and final are both scored on a "100 point scale." The format for the midterm and final exam is, generally, as follows:
Quizzes are usually ten questions long and are of the same format of the midterm and final. There are generally four (4) quizzes. If a quiz is missed, no make-up will be allowed. Lowest quiz grade is dropped. Students are required to bring a #2 pencil to all quizzes and exams. Class Participation: Class participation is composed of the following elements:
Document Preparation: All writing assignments must:
Any papers not containing both of the above will not be accepted. Students must keep an extra copy of all assignments. The details of written assignments are reviewed when they are assigned. Do not do a written assignment until I go over the details in class. If a student is not in attendance on the day the assignment is reviewed, it is the student's responsibility to obtain the proper assignment from me. Some written assignments are assigned in class; others appear in this syllabus. If a form or document requires a signature and/or notary stamp, then the paper must contain both the signature and notary and failure to do so will lead to, at most, a "D" grade on the paper. Late papers are marked down one-half of a grade. Late papers handed in the last week of instruction are marked down one letter grade. Papers handed in during finals week are marked down one & one-half letter grades. If the summons and complaint are late, you will lose one full letter grade. Any plagiarized papers will lead to an automatic "F" grade. Upon the first occurrence of any such paper, the student shall have the option to re-write the paper and obtain an average of the two scores. If a student plagiarizing a second paper, the student will be sent to the dean of student affairs for the appropriate dispensary action. The rule is simple: if you take written material from any source or obtain ideas from any source, then footnote your source and indicate--with quotation marks--the written material obtained by the source. Unless I indicate otherwise, you are not allowed to do "group-work" with another student or students. This does not mean you cannot discuss work with other students; but it does mean that you are prohibited from sitting together and writing out answers and assignments. Course Assignments: Chapter #1: Introduction, p.1-8 Chapter #2: The Courts and Their Jurisdiction, p.9-24, skim over 25-38. Chapter #9: Pleadings, p.326-389 Kinds of Pleadings CPLR §3011, Particularity of Statements Generally CPLR §3013, Construction Rule 3022, Rule 3024, and §3026, Mistakes, Omissions, Defects and Irregularities §2001, Statements 3014, (read handout case Foley, 248 N.Y.S.2d 121), Particularity as to Specific Matters CPLR Rule 3015, Demand for Relief §3017, and Responsive Pleadings CPLR §3018, Affirmative Defenses: CPLR §3018(b), Counterclaims and Reply CPLR §3019, Injunctions CPLR §6301, §6311, Rule 6312, §6313, Fraud and Misrepresentation CPLR §3016 (read handout cases Lanzi 388 N.Y.S.2d 946, Young 492 N.Y.S.2d 489 and Ackley, 572 N.Y.S.2d 672), and Comparative Fault CPLR §1411 and §1412, Amending Pleadings CPLR Rule 3025, Serving Amended Pleading CPLR 3012, Amending Pleading by Court Order or Stipulation CPLR §3025(b) and §2104, and Supplemental Complaint CPLR §3025(b). Writing Assignment: (1) Brief Lanzi, Young, or Ackley: I expect no less than two nor more than three pages to the brief. (2) Prepare an index number request, cover letter to clerk, summons and complaint. After you receive a complaint, you will prepare an answer to it. Both the complaint and answer shall follow my general format, specifically, the "Wherefore" causes should be as I set them forth in the handouts. In the complaint, be sure to introduce the parties first, and then go into your allegations. Chapter #3: Statute of Limitations, p.37-71 (I will discuss this chapter in relation to causes of actions we will review in the "pleadings" section.) Accrual CPLR §203(a), (b)(1), (c), Exposure CPLR §214-c, and (d), Tolling the Statute §205, §207, §208, §209, §210, One Year Statutes CPLR §215, Two Year Statutes and One-Half Years CPLR §214-a, Three Year Statutes CPLR §214,, Four Years CPLR §213-a, Six Years CPLR §213 (and §203(g), Ten Years CPLR §212, Twenty Years CPLR §211, Crime Victims CPLR §213-b, Relation back CPLR §203(f), and Extending and Shortening the Statute CPLR §201. (The sections here may be gone over in a different order.) Chapter #13: Disclosure, p.522-581 Scope of Disclosure §3101, Method of Obtaining Disclosure §3102, Oral Depositions CPLR §§3107-3117, Subpoenas CPLR Rules 3106, 3111, and 3120(b), Interrogatories CPLR Rule 3034, §3044, §3130, §3131, §3132, and §3133, Discovery and Production of Documents & Things CPLR Rules 3120 and 3122, Requests for Admissions CPLR §3123 and Rule 3124, Physical or Mental Examination §3121, Demand for Addresses Rule 3118, Protective Order §3103, Objections Rule 3122, Motions to Compel Disclosure Rule 3124 and Penalties §3126. Writing Assignments: Prepare Interrogatories (at least 10 question), EBT Notice, and Document Demand. I will probably add more documents to this. Chapter #10: Motion Practice, p.390-415 (Skim Chapter #11: Accelerated Judgment I will lecture in class) Demand of Jury Trial and State Court Note of Issue CPLR §3402, Motions CPLR §2211, §2101, §2212, Rule 2214, §105(u), Setting the Return Date for a Motion Rule 2214(b) and Rule 2103 (read handout case Capoccia 517 N.Y.S.2d 837), Cross-Motions Rule 2215, Motion to Dismiss Rule 3211, and Summary Judgment Motion Rule 3212. Writing Assignments: Prepare Notice of Motion and Default Judgment Motion, a Notice of Entry, RADI form, and Notice of Appeal. Each paper shall be accompanied by a cover letter to the opposing counsel. Chapter #7: Parties, p.210-315 Joinder and Consolidation of Cases CPLR §601, §602, §603, Necessary Parties CPLR §1001 (read handout case Mechta 276 N.Y.S.2d 652), Permissive Joinder of Parties CPLR §1002, Interpleader §1006, Impleader/Third-Party Practice CPLR §1007, §1008, §1009, and §1010, Class Actions CPLR §901, 902, and 903, Intervention CPLR §1012, §1013, §1014, and Counterclaims & Cross-Claims CPLR 3019. Read Mechta v. Scaretta, 276 N.Y.S.2d 652. Chapter #8: Papers, p.325 CPLR §2101 Chapter #4: Personal Jurisdiction Read 78-87 and 92-157. Methods of Service: Filing §304, §306-a, and §306-b; Service of Papers CPLR R.2103. Personal Service Upon a Natural Person §308 (read handout cases Union National Bank, 503 N.Y.S.2d 671 Palais, 173 Misc.2d 8, and Charnin 1998 WL 262453); Additional Notice §3215(g)(3)&(4); Motion to Dismiss for Lack of Personal Jurisdiction §3211(a)(8) & (e); Personal Service Upon an Infant, Incompetent or Conservatee §309; Personal Service Upon a Partnership §310 (read handout case Bell, 668 N.Y.S.2d 177 and Foy 646 N.Y.S.2d 547); Service on Limited Partnership §310-a; Personal Service Upon a Corporation or Governmental Subdivision §311; Service on a Limited Liability Company §311-a; Personal Service by Mail §312-a, Service Without the State Giving Personal Jurisdiction CPLR §313, and Service Without the State Not Giving Personal Jurisdiction CPLR §314. Jurisdictional Basis & Longarm Jurisdiction–§301 and §302, pay attention to Longines-Wittnauer & Kramer, p.139, Singer, p.140, Galgay, p.141, and Feathers all discussed in text. Read LaMarca v.Pak-Mor Mfg., 2000 N.Y. Slip Op. 06672. Writing Assignments: Prepare affidavit of service. Hand in a two page brief on Palais, Charnin, Foy, or Bell. Write the brief from the point of view that we have a "service" question in the office. Prepare an RJI. Chapter #5: Appearance, p.190-199 CPLR §320 Chapter #6: Venue, p.200-209 (cover on your own) CPLR §501, §502, §503 and §510.
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