Choice of forum

Question 1

Specific JX

Answer 1

1. State the rule
2. List all of the contacts
3. State relationship between each contact and claim
4. State whether the contacts reflect deliberate choice
5. State rule of Substantial justice and fair play

Question 2

General JX

Answer 2

a) A Defendant can be subjected to General jurisdiction if they are domiciled, incorporated, in the forum state or if their PPB is in in the forum state, In other words, where are they “at home”

Question 3

Consent JX

Answer 3

a) Fundamental fairness test for consent (carnival Cruise lines)
a) Is the forum a reasonable choice for the plaintiff?
b) Is there a logical reason for requiring the consented forum?
i) I.E. it is their PPB
ii) Is the intent to discourage claims?
c) Is there fraud or overreach in the consent agreement
d) Was the party given notice of the provision before assenting to the terms?
b) Is the D a corporation with an agent in the forum state? If so they have probably consented to the suit by statute

Question 4

Tag JX

Answer 4

a) If a d is a person and they are served with process in the forum state, they are by law subject to jurisdiction in that state
a) Ye olde = Ye goode
If a business or agent is served, it doesn’t matter, they cannot be served notice for tag jurisdiction, unless they consented to it, and by then it is just consent Jurisdiction.

Question 5

Long Arm Statutes

Answer 5

i. The state has the right to choose which cases it will allow to be tried within their courts, meaning that as long as it is within the scope of the constitution, a state can choose not to accept certain kinds of JX cases, such as Tag
ii. Rule 4(K)(1)(A) extend long arm statutes to federal court within the state as well, so if you are a federal court within a state, you have to follow that states long arm statutes.
iii. Long arm statutes can be as broad as the constitution, or as narrow as they want to be, (i.E. only accepting tag, if they really wanted to)

Question 6

USC § 1332 (a)

Answer 6

a. Two part test for diversity JX
i. The amount in controversy must exceed $75,000 (easier than you think); and
ii. And the case is between
1) Citizens of different states (Hawkins)
2) Citizens of a state v. citizens or subjects of a foreign state ( that are not permanent residents of the U.S.)
3) Citizens of different states, in which citizens or subjects of a foreign state are parties
A foreign state as a Plaintiff and citizens of a state / different states

Question 7

USC § 1332 (a)(1)

Answer 7

a. Absolute diversity is required

Look at both sides of the V are any of the

Question 8

USC § 1332 (c) Citizenship is defined as

Answer 8

a. For People Hawkins
i. Where those individuals are domiciled, domiciled is where they are physically present and where the intend to remain. (where is their bedroom set)
ii. People who are domiciled abroad cannot qualify for Diversity Jurisdiction
b. For Businesses, Hertz
i. wherever they are incorporated or where their Principle place of business is (the nerve center or HQ)
ii. Exceptions for Partnerships
Partnerships are odd, you have to look at where each of the partners resides.

Question 9

USC § 1332 (c) The well Pleaded complaint rule

Answer 9

1) The P’s claim and the P’s claim only must turn on Federal law, for it to “arise” under 1331
2. For a case to arise under 1331 the Cause of Action has to be a federal issue, the case cannot simply anticipate a federal issue might come up in defense of the claim.

Question 10

USC § 1331

Answer 10

a. gives Federal courts jurisdiction under a narrowly defined set of federal law case types
i. The well Pleaded complaint rule
1) The P’s claim and the P’s claim only must turn on Federal law, for it to “arise” under 1331
For a case to arise under 1331 the Cause of Action has to be a federal issue, the case cannot simply anticipate a federal issue might come up in defense of the claim.

Question 11

USC § 1446 Under Federal law, 2 requirements to remove

Answer 11

1. Cannot remove after more than a year from the commencement of the case
2. If the District has original JX at the time of filing in state court, the action can then be removed

Question 12

USC § 1446 (c)(2) Removal based on diversity

Answer 12

a. The case cannot be removed for diversity if the D is a citizen of the state in which the case was brought.
b. Diversity requirements under 1332 must be met

Question 13

USC § 1446 Procedure to remove to federal court

Answer 13

a. Removal is permitted to the federal court in which the state court sits if a case could have been originally filed in federal court or if the case is altered in such a way that the federal court would have JX
i. 30 days after receiving initial pleading/service summons, (or amended document that makes non removable cases removable whichever is shorter)
ii. All D’s properly served/joined must join/consent to removal
1) Each D has 30 days from when it is served to remove Later served D’s can remove later and earlier served D’s can join even if they didn’t’ attempt to remove earlier
iii. Requirements for removal based on diversity
1) Can’t remove for diversity if more than one year has passed, unless the P acted in bad faith
2) The amt in controversy is the amount in the state court pleadings, unless the state court action was for a non-monetary judgement or state court prohibits the amount
If the initial pleading is non removable because of Amount in controversy, and info about amount from state discovery is treated like an amendment that makes claim removable. P failing to disclose actual amount in bad faith

Question 14

USC § 1447 Challenging removal

Answer 14

a. 30 day time limit to file motion to remand to state court based on defect, if subject matter jurisdiction fails at any time the case may be remanded.
b. Cant appeal any decision not to remove under 1441 unless civil rights case
i. Caterpillar v. Lewis
If joinder would destroy diversity, court can deny or allow and remand.

Question 15

USC § 1491 (B & C)

Answer 15

a. The correct Judicial District is the one where the D resides
i. For People
1) The place were the D is domiciled
ii. For business
1) The district where a corporation is incorporated or has its PPB
b. Any District where as substantial portion of the events that took place (Thompson v. Greyhound Lines, Inc.)
c. If neither 1 or 2 work then any district that has personal JX will work
i. Usually happens when events happened abroad and the D’s are in different states
Corporations reside in any district where personal JX can be obtained

Question 16

Transfer of venue rules

Answer 16

a. If PJX, Venue or Convenience is lacking, then the courts will typically transfer instead of dismissing a case.
i. USC § 1406
1) Venue is not proper
ii. USC § 1631
1) Want of personal JX
iii. USC § 1404 (A)
A more convenient forum exists in a different federal district court

Question 17

forum non-conveniens

Answer 17

a. If the more convenient forum is not located in the United States, the case may be dismissed for
i. Uses when almost everything happened abroad
1) Most often granted when the P is not a U.S. Citizen
If P is a U.S. citizen, Forum non-conveniens will most likely not be granted.

Question 18

USC § 1367

Answer 18

a. The district courts shall have supplemental jurisdiction over all other claims that are so related (Same Transaction or Occurrence) to claims in the action within such original jurisdiction that they form part of the same case or controversy
b. Where the claim relies solely on Diversity JX to get into Fed court, there is no Supplemental jurisdiction by claims made by the Plaintiffs, against more than one defendant (by joinder), where using such jurisdiction would contradict 1331 Diversity requirements.
i. Only applies to Claims made by plaintiffs and parties joined as plaintiffs

c. A court can throw out a case for supplemental jurisdiction where it makes sense. THEY ARE NOT REQUIRED TO ACCEPT SUPPLEMENTAL JURISDICTION