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Federal Practice Manual for Legal Aid Attorneys: 2.3.4 The Substantial Federal Element

A case clearly arises under the Constitution for purposes of § 1331 when the plaintiff claims, for example, that a government officer or employee, acting in his or her official capacity, injures the plaintiff by taking an action that violates a provision of the Constitution or by acting pursuant to an unconstitutional statute. The federal question jurisdiction of the district courts also encompasses causes of action created by federal statutes, such as 42 U.S.C.

Federal Practice Manual for Legal Aid Attorneys: 6.8.1 The Daubert Admissibility Standard for Expert Testimony

In Daubert v. Merrell Dow Pharmaceuticals, Inc., the United States Supreme Court set the standards for the admissibility of scientific expert opinion.3077 Expert testimony is only admissible if it meets certain “gatekeeping” requirements, which include that the expert is qualified through education, knowledge, experience, skill, or training to render an expert opinion and the expert's methodology is sufficiently reliable to support the proposed opinions.

Federal Practice Manual for Legal Aid Attorneys: 6.1.4 Matters for Discussion at the Rule 26(f) Meeting of the Parties

At the Rule 26(f) meeting, counsel and unrepresented parties must confer to “consider the nature and basis of their claims and defenses and the possibilities for promptly settling or resolving the case; make or arrange for the disclosures required by Rule 26(a)(1); discuss any issues about preserving discoverable information; and develop a proposed discovery plan.”2246

The parties must also develop a discovery plan that addresses the subjects listed in Rule 26(f)(3), which are:

Federal Practice Manual for Legal Aid Attorneys: 6.1.11 Assignment of Magistrate Judges

U.S. magistrate judges may be used in two circumstances.2280 First, they may act, in effect, as district judges and decide cases on the merits when the parties consent. Indeed, one of the most significant decisions you will make shortly after the parties have entered appearances in the lawsuit is whether to consent to referring the case to the magistrate to hear and decide on the merits.

Federal Practice Manual for Legal Aid Attorneys: 6.3.11 Rule 19 Motion for Joinder of Parties

Federal Rule of Civil Procedure 19 governs the mandatory joinder of parties.2804 Advocates who engage in affirmative litigation against corporate entities—e.g., employers of low-wage workers, debt collectors, large apartment complexes, or predatory lenders—may learn in discovery that they must join additional defendants (often related corporate entities) to obtain full relief or because any relief ordered in the action would necessarily affect those other business entities.

Federal Practice Manual for Legal Aid Attorneys: 9.3.3 Remedies

The unique feature of the Declaratory Judgment Act is its authorization to “declare” the rights and legal relations of the parties to the controversy; such declarations have the force and effect of a final judgment.4495 Congress plainly intended declaratory relief to substitute, in appropriate cases, for the “strong medicine” of an injunction.4496 Since a declaratory judgment does not have the coercive power of an injunction, a lesser showing is required to obtain declaratory relief.

Federal Practice Manual for Legal Aid Attorneys: 2.7.6 Remands—28 U.S.C. § 1447(c)

As the Supreme Court has observed, “normally it's the plaintiff who must seek judicial intervention if it wishes to have the matter remanded to state court.”381 28 U.S.C. § 1447(c) provides that a motion to remand on grounds other than subject matter jurisdiction must be filed within thirty days of removal.382 This implies that a motion to remand on subject matter jurisdiction grounds may be filed at any time.

Federal Practice Manual for Legal Aid Attorneys: 7.2.3 Commonality

Under Rule 23(a)(2), plaintiffs’ grievances generally must share a common question of law or fact.3404 To meet the Rule, only one question of law or fact must be common to the proposed class.3405 Some factual differences among class members do not defeat commonality.3406 Class actions that seek class-wide injunctive or declaratory relief "by their very nature often present common questions satisfying Rule 23(a)(2)."

Federal Practice Manual for Legal Aid Attorneys: 6.2.20 Expert Discovery

The Federal Rules “provide for extensive pretrial disclosure of expert testimony.”2650 Experts are generally defined by the Federal Rules of Evidence.2651 Rule 26 requires parties to disclose the names of their trial experts.2652 A party must also give the opposing party a written report, prepared and signed by witnesses who are “retained or specially employed to provide expert testimony in the case or one whose duties as the party’s employee

Federal Practice Manual for Legal Aid Attorneys: 9.4.19 Civil Rights Act and Most Other Cases—Governed by Rule 54 and Local Rules

Rule 54(d)(2)(B)(i) of the Federal Rules of Civil Procedure requires fee motions to be filed no later than 14 days after entry of judgment “[u]nless a statute or court order provides otherwise.”4646 Pursuant to Rule 83, following notice and comment, courts may adopt local rules consistent with federal rules and statutes.4647 A local rule setting a fee motion deadline that differs from Rule 54 is an “order of the court,” and the local rule governs.4648

Federal Practice Manual for Legal Aid Attorneys: 1.2.2 The Shelter Access Project in the District of Columbia

The Washington Legal Clinic for the Homeless created the Shelter Access Project to promote equal access to emergency homeless shelters for residents of the District of Columbia.20 The Project educated and trained shelter residents on their rights under the Americans With Disabilities Act through brochures and oral presentations. The Project attempted to provide technical assistance to the government agencies and private contractors which administered the shelter care system.

Federal Practice Manual for Legal Aid Attorneys: 1.2.3 Fighting Foreclosures in Los Angeles

Neighborhood Legal Services of Los Angeles County faced increasing numbers of clients in foreclosure actions.22 Neighborhood Legal Services found that referrals to hotlines and resource-intensive affirmative litigation in individual cases were not making a significant impact in addressing the enormous foreclosure problem in the San Fernando Valley. As a result, Neighborhood Legal Services partnered with a large community organization, One LA-IAF, which had identified foreclosure as a priority issue for its members.

Federal Practice Manual for Legal Aid Attorneys: 1.2.4 Expanding Health Care in Illinois

Efforts to expand health care in Illinois highlight the skills and capacities that public interest lawyers can bring to advocacy campaigns, as well as the necessary skills such lawyers often lack that are required to make such efforts successful.235 In the late 1990s, the Shriver Center became aware that many low income working parents were losing their health insurance coverage as they moved from welfare to work. The Center developed a policy proposal designed to expand health care coverage for these families.

Federal Practice Manual for Legal Aid Attorneys: 1.2.5 Reforming Disability Compensation in the District of Columbia

A multi-pronged approach to problem solving was employed in Lightfoot v. District of Columbia.25 Lightfoot involved a challenge to the policies by which the disability compensation benefits of injured D.C. city employees were reduced, suspended or terminated. One of the co-counsel in the federal litigation, the D.C. Employment Justice Center, founded a group called the Injured Worker Advocates. A Center attorney who was not involved in the federal litigation supported this group.

Federal Practice Manual for Legal Aid Attorneys: 1.2.7 Legislative Advocacy

As explained above, because social problems have become more complex and, in some cases, litigation is not well suited to address them, advocates must consider legislative advocacy. Such advocacy can take many forms, from support for new legislation to increased funding for certain programs. It is therefore important for legal aid attorneys to consider legislative reform and to develop the drafting skills required to draft proposed legislation.

Federal Practice Manual for Legal Aid Attorneys: 1.2.8 Press and Media

Newspapers and other media are useful in several ways. Publicity and articles can get a message out and shape public opinion. This is especially useful if you need public opinion to support your lobbying efforts or to encourage the public to take a particular action. An article or story can reflect public opinion and bolster your moral standing or provide a margin of comfort for a judge who might otherwise be afraid to issue a novel order. News reporting can serve as another source of fact finding and can force your adversaries to pin down their position as they are quoted.

Federal Practice Manual for Legal Aid Attorneys: 1.2.9 Community Education

Community education is one of the most important undertakings of a legal services attorney.31 In most circumstances, it will also be an adjunct to litigation. Community education may be particularly necessary when you are trying to locate plaintiffs or witnesses or when you want to test the capacity of a public system.