Civ Pro II Flashcards
McGee v International Insurance
Nexus (Quality and Nature)
The plaintiffs Estate sued for coverage of a life insurance policy. The defendant claimed they had no contacts with the forum. The court found that they had PJ over defendant b/c the claim arose directly from their one contact of having the plaintiff as a policyholder. The closer to the claim the contacts are, the less contacts needed. One contact can be enough
Section 1367
Supplemental JDX
International Shoe
Doing Business
Traveling salesmen in the forum and living in the forum. The court found PJ b/c the company was doing business in the forum by employing salesman within the state
Fair and Adequate Protection
Protect the interest of the class
Driven by the class
Resources
Time
How to Prove Joinder Rules other than 19
Which rule
Independent basis?
Supp: Is there a common nucleus of operative fact
Rule 13b
Permissive Counterclaim
A pleading may State a counterclaim against an opposing party any claim that is not compulsory
Rule 13g
Crossclaim
A pleading may State a crossclaim by one party against a co party if arises out of the same transaction
Rule 14
Third Party Impleader
A defendant may bring a third Party to indemnify or contribute (must be diverse) when another party is liable for the claim
Within 14 days
Allows impleaders to counterclaim against defendant and downslope claims against plaintiff
Typicality
Represents claims or defenses typical of the class
Rule 4
Summons
Must deliver to defendant within 90 days at the usual place of abode with someone of suitable age and discretion who resides there
Waiving summons
In writing
Inform the defendant
Agent, manager, etc
Sent first class
Avoid waiver expenses
With good cause Not including: Groundless Venue JDX
4 ways to get SMJ
Diversity of Citizenship
Alienage
Exclusive
Fed Question
Commonality
Similar cause of action
Similar common question of law or fact
Similar evidence will be used
Rule 22 Plaintiff
Interpleader
Persons with claims that may expose party to double or multiple liability may be joined as a defendant and required even if the claims lack a common origin or the plaintiff denies liability in whole or part
Rule 22 Defendant
A defendant exposed to similar liability may seek interpleader through counterclaim or crossclaim
Rule 24 Required
Intervention
The court must permit anyone to intervene who is given an unconditional right by statute or claims an interest relating to property or transaction
If allowed, does not destroy diversity
Rule 24 Permissive
Intervention
The court may permit anyone to intervene who is given a conditional right by statute or has a claim or defense that shares with the main action of law and fact
Complete Diversity
All plaintiffs are of diverse citizenship from all defendants
Ind: Domicile
Corp: Incorp and PBB
Indispensable
Extent to which judgment prejudicial
Avoid or lessen prejudice
Judgment Adequate
Other avenue of relief
Feasible to Join
Does it destroy diversity
Rule 18
Joinder of Claims
A party may join as many claims as it has against the opposing party
Right to Jury Trial
What would the chancery in 1791 have done?
Equity: judge
Law: jury
Both: jury
Steps to Erie Doctrine
Is there a diversity case Conflict between state and fed law Procedural or substantive Outcome determinative Overriding fed interest
Rule 38
Demand Jury Trial
Must demand within 14 days from answer
WWV v Woodson
Stream of Commerce and Foreseeability
Defendant purchased car in NY. While driving through OK, a rear end caused a fire and injury. The plaintiff did not sale nor perform services in OK and had no contacts with the forum. They could not contemplate that their products stream of commerce included OK nor could they foresee being haled into court there b/c they only did business in NY and NJ
Calder v Jones
Effects Test
Defendants career centered in the forum and the article written was drawn from forum sources and the harm was suffered in the forum. The court found PJ by way of the effects Test
Contractual Consent
If the defendant agreed in advance through k to be covered by the JDX
General Company Experts
Treated as regular witnesses
All discoverable
Strawbridge v Curtiss
Complete Diversity Rule
Property in Forum
Shaffer
Rule 23
Class Actions
Trial Expert Retained
Everything you show, the other side gets
Anticipated litigation
Using them at Trial
Preparing a report
General JDX
May be sued for claims not related to activities within the state
Ind: Domiciled
Comp: “at home” and state of incorporation
Steps for Specific JDX
Long Arm Statute International Shoe Arises out of conduct Purposeful and Foreseeability Reasonableness
Necessary or Required Party
Can the plaintiff get complete or adequate relief
Rule 20
Permissive Joinder
If arising out of same transaction and question of law or fact is common to all parties on the same side
Rule 13
Counterclaim and Crossclaim
Rule 13a
Compulsory Counterclaim
A pleading must state or waive a counterclaim at the time of service that the pleader has against an opposing party if arising out of the same transaction, does not require adding a party that breaks JDX
Rule 13a Exceptions
Claim Subject of another pending action or did not establish PJ over pleader
Alien v Alien
No SMJ
US and Alien v US and Alien
SMJ as long as US have diversity
US and Alien v Alien
No SMJ
Purposeful Availment
Entering into contact with locals in purpose or conduct such as gets the availment if the states laws, benefits, etc
Zippo Sliding Scale
Clearly doing business: yes
Passive, not interactive: no
In between based on scale
Hertz
SMJ
Principal place of business are where the corp officers and directors control and coordinate the corp. the nerve center is only a single place. SMJ proper for nerve center and incorporation
Mottley
Fed Question Well Pleaded Complaint
The railroad company entered into k with mottleys to give them free passes. When a new fed law prohibited railroads from issuing free passes, rr stopped. Mottleys sued in fed court for specific performance and circuit court granted. The Supreme Court reversed stating it was improper to plead that a defense under fed law was anticipated and dismissed for lack of fed Question
US v Alien
No SMJ
Benefited by the Forum
Truck Driving Hypo
Presence in the forum
Rule 26
Experts
Must disclose 90 days before Trial
Continuing Obligations
Sufficient minimum contacts where defendant deliberately engaged in significant within a state or created continuing obligations between himself and a Forum resident
Doing Business in the forum
International Shoe
Zippo v Zippo
Internet Sliding Scale
Defendant contracted with many individuals and access providers with the intended purpose to download electronic transmissions. The court found PJ proper b/c the site was very interactive with forum state residents
4 Elements to Class Actions
Numerocity
Commonality
Typicality
Fair and Adequate Protection
Numerocity
No magic number
When joining all members is impracticable (i.e. Geography, dispersion, destroy diversity)
3 ways to get PJ
Traditional
General
Specific
International Shoe Standard
The maintenance of the suit does not offend traditional notions of fair play and substantial justice
Exclusive SMJ
Admiralty
Bankruptcy
Patent and Copyright Infringement
Federal antitrust and securities
Federal Question SMJ
Well Pleaded Complaint
Sufficiently central to the claim
Well Pleaded Complaint
The fed Question must be set forth in the claim, not a defense, not an anticipatory defense, and cannot be a counterclaim unless fed intellectual property law
Burger King v Rudzewicz
Contracts
The Supreme Court found that the defendants availed themselves of the protections and benefits of the forum b/c they had a substantial and continuing relationship with the plaintiff, a Forum resident
Section 1291
Final Judgment Rule
Can only appeal on final judgment except by writ addressing issues that would change outcome (i.e. PJ or Erie)
4 types of traditional bases for JDX
Physical Presence
Domicile Presence
General Appearance
Contractual Consent
Physical Presence
When the defendant is within the forum state voluntarily during the service of summons unless attending court and there for a reasonable time
Stream of Commerce
WWV
Contracts PJ
Prior negotiations
Contemplated future consequences
Terms of k
Parties actual course of dealing
Domicile Presence
When the defendant resides in the forum with the intent to do so permanently even if they are not presently in the state when served or when the issue occurred
General Appearance
Participating in the action before filing a motion to quash Answering Filing motions Propounding discovery Attendance by the attorney
Tests to Prove prong 2
Intentional Torts Calder effects Test Nature and quality Purposeful availment Zippo Sliding Scale Continuing obligations
Venue
Where the defendant resides (all)
Where event or omission of claim
Where there is PJ
If not US domiciled, then any fed court
Rule 19
Required Joinder
Required Party
Feasibility
Indispensable
Shaffer v Heitner
Property
Property in DE was not sufficient for contacts b/c the property had nothing to do with the claim. The court found that the corp had neither purposefully availed themselves of the privileges or conducted activities within the forum
Non Trial Retained Expert
No report
Do not have to share except under extraordinary circumstances
Consult Experts not retained
Not discoverable at all
Calder Effects Test
The defendant committed a tort
The plaintiff felt the brunt of the harm and Forum was focal point
The defendant expressly aimed conduct at forum
Nature and Quality
Nexus: the closer the claim to the contacts, the less contacts needed
Effects from outside the forum
Calder
Internet Business
Zippo
Contracts
Burger King
Diversity of Citizenship
Complete Diversity
Over $75,000
