Civ Pro Flashcards
Multiple πs’ AIC req w/r/t Supplemental JX
(1. same T and O –> only need on $75k+; 2. always need complete diversity)
o If one π has $75k+ claim, claims of other πs can be heard regardless of amount if all of the claims: (1) arise out of the same transaction and occurrence and (2) complete diversity is maintained.
o If π has a claim based SOLELY on diversity jurisdiction against one ∆ exceeding $75,000, π can join claims against other defendants only if (1) complete diversity is maintained and (2) the claims against each defendant exceed $75,000.
AIC req w/r/t Counterclaims & Diversity JX
compulsory counterclaim (same T and O): no AIC req. permissive counterclaim: need $75k+
Req. for Supplemental JX
ALL claims must arise out of same case or controversy AKA common nucleus of operative fact AKA T and O
Diversity JX & Counterclaims
Compulsory (same T and O): no AIC req
Permissive (not same T and O): must independently satisfy diversity reqs (diversity + AIC)
Diversity JX & Crossclaims
Cross-claim and main claim must share a common nucleus of operative fact.
If so, diversity and AIC don’t matter
Diversity JX & Multiple Plaintiffs/Permissive Joinder/Class Action
If the claim of one diverse plaintiff against ∆ satisfies AIC, AND other πs have claims against ∆ w/ “common nucleus of operative fact”
other πs NEED diversity
DON’T NEED to satisfy AIC
Diversity JX & Supplemental JX
Supplemental JX NOT allowed: additional claims/parties can be brought into a diversity action only if the additional claims maintain complete diversity and exceed $75,000
Includes claims by π... ...against impleaded 3rd party ∆s ...against additional ∆s joined as necessary parties ...by π intervenors ...by πs joined involuntarily
Constitutional Reqs for Personal JX
“Minimum Contacts” between the ∆ and the forum state, such that it is “consistent with traditional notions of fair play and substantial justice” to sue the defendant here.
look for purposeful availment by ∆ of protections of forum state’s laws
A defect in personal jurisdiction must be raised when?
at the “first opportunity” (first of pre-answer MTD or answer)
When can Fed courts exert broader personal JX than the states in which they sit?
(1) Federal Interpleader Act (“statutory interpleader”) - authorizes nationwide service of process
(2) The Bulge Provision of the Federal Rules - allows service anywhere within 100 miles of the federal courthouse, even if in another state, in two situations:
• For impleading third-party defendants under Rule 14; and
• For joining necessary parties
under Rule 19.
(3) Unusual provision – narrow authorization of nationwide service of process when the defendant is not subject to personal jurisdiction in ANY state court - Suit may be brought in federal court so long as there are minimum contacts w/ the United States
Bases for General JX
(1) Physical Presence
(2) Domicile
(3) Consent
(4) (for Corporations: (a) incorporation, (b) principal place of business)
Acceptable Service in Fed Courts
Federal Rules have their own rules for service and ALSO authorize service in accordance with state law where the federal court sits.
Fed Rules:
(1) Personal Delivery
(2) Leaving the summons at the defendant’s dwelling or
usual place of abode with a person of suitable age and discretion;
(3) Delivery to Authorized Agent
(4) Persons in Foreign Countries: registered mail, return receipt requested
Where is Venue Proper?
(a) Where any defendant resides, if ALL defendants reside in the same state; or
(b) Where the claim arose – i.e., where a “substantial part of the events or omissions” on which the claim is based occurred or where a “substantial part of the property” that is the subject of the action is located.
o If neither of the above (rare), any district where the ∆ can be served
π’s residence doesn’t count
Commencement of Proceedings in Fed Court
- Federal civil action is begun by filing a complaint with the court clerk.
- For diversity actions, however, state law controls when an action is begun.
What can be raised in a MTD and what is waived if not raised at the earliest opportunity
- no SM JX
- no Personal JX (earliest opportunity)
- improper venue (earliest opportunity)
- Failure to state a claim upon which relief can be granted
- Failure to join a necessary party
- Forum non conveniens
By when must an Answer be served by?
serve w/in 21 days service of the pleading to which it responds, or if service waived, w/in 60 days of request for waiver
By when can you amend a pleading as of right?
May be amended once at any time within 21 days of service of the pleading or within 21 days of the defendant’s response, if there is one.
when does an amendment relate back?
when concerns the same conduct, transation, or occurance
Rule 11 Signature Certifies that…
(1) There is an appropriate legal and factual basis for filing;
(2) After “reasonable inquiry,” there is NO improper purpose (e.g., harass or needlessly increase costs);
(3) The legal contentions are warranted by existing law or by a non-frivolous argument for a change in the law; and
(4) The factual allegations have evidentiary support or are likely to have such support after discovery.
• Denials must have such support or must be reasonably based on lack of information or belief.
Permissive Joinder
Joinder by π
If (1) same T or O AND (2) common Q of Law or Fact…
…any # of πs may join
…any # of ∆s may be joined
If JX from diversity, no party may defeat diversity; if complete diversity maintained + one π satisfies AIC, πs w/ smaller claims can come in under supplemental JX
Compulsory Joinder
Joinder by ∆
Necessary party MUST be joined if Feasible; if not feasible court decides whether party Indispensable (i.e. dismiss suit - rare)
Necessary: person whose participation in lawsuit is necessary for a “just adjudication”
(a) no complete relief w/o
(b) party has interest which will be impeded
(c) substantial risk of double liability
Feasible: (1) will not deprive court of SM JX (i.e. diversity) (2) court can assert personal JX (can use “bulge provision” - w/in 100 miles)
Intervention is chiefly concerned with…
πs
Intervention as of right
outsider claims an interest in the subject matter of the lawsuit that, as a practical matter, may be compromised by the disposition of the pending action.
must request with “reasonable promptness”
No supplemental JX
Diversity Case: Intervenor must independently satisfy AIC and diversity
Permissive Intervention
allowed whenever there’s a common Q of law or fact b/w intervenor’s claim and main claim
if so, matter of court’s sound discretion to grant
must request with “reasonable promptness”
No supplemental JX
Diversity Case: Intervenor must independently satisfy AIC and diversity
