Civ Pro-Jx & Venue Flashcards
Subject Matter Jurisdiction (SMJx)
Either Diversity of Citizenship or Fed Q
Diversity (of Citizenship) Jx
(1) Amount in Controversy > $75,000 (legal certainty) AND (2) Complete diversity of citizenship btw all P’s and all D’s
Amount in Controversy calculation: adding claims
P can ADD claims if one exceeds $75k
Single P can ADD claims against single D to reach $75k
Multiple P’s can sue so long as one has a claim over 75k
(For class action, if at least one named P has claim over $75k = OK)
Complete Diversity of Citizenship
ALL P’s must be diverse from ALL D’s (i.e., no P may be a citizen of the same state as any D)
Citizenship
Where you are domiciled
For individual: where you presently reside AND have intent to stay
For corps: BOTH place of incorporation AND principle place of business (nerve center test)
U.S. citizen v. Foreign citizen = YES diversity
Foreign citizen v. Foreign citizen = NO diversity
Can you join a party just to obtain diversity?
NO, you cannot join a party just to obtain diversity.
Fed Q Jx
(1) P’s claim must be based on Fed law
(2) Well-Pleaded Complaint Rule: Fed issue must be obvious
Examples of Fed law/issue
Admiralty, Maritime, IP
Supplemental Jx
Fed ct MAY add a case/party (that does not have SMJx by itself) to an existing case/part that does
Standard: derives from a common nucleus of facts (i.e. new case is the same conduct/transaction as the current one)
If the original case was based on diversity, the addition of new party CANNOT destroy complete diversity!
Supplemental Jx - Generally Allowed
(1) Compulsory Counterclaim
(2) Joinder in Compulsory Counterclaim
(3) Cross-claim
(4) Impleader of 3rd Party D’s
Supplemental Jx - Generally NOT Allowed
(1) Original P vs 3rd Party D
(2) Compulsory Joinder
(3) Joinder of D’s
(4) Intervention
General Rule for Supplemental Jx
If D trying to add = OK
If P trying to add = Not OK
Court has DISCRETION (i.e. “may”) over whether to apply supplemental Jx
3 Types of Personal Jx Based on Physical Presence
(1) in personam (see next card)
(2) in rem (property located in forum state): Jx over an object/property
(3) quasi in rem (same as in rem but only applies to parties to the suit): going after property to satisfy a judgment against an individual
3 Traditional Basis for in personam Jx
(1) Domicile
(2) Tag (i.e., served while present in forum state)
(3) Consent
Long Arm Statute
Unlimited (co-extensive): to the extent allowed by the Constitution (i.e., minimum contacts)
Limited (enumerated): only for enumerated acts or otherwise limited (still need to meet minimum contacts)
Minimum Contacts
D must have sufficient minimum contacts w/ the forum state such that asserting Jx over them does not offend traditional notions of fair play and substantial justice
When: D has purposefully availed themselves of the benefits/protections of the state such that it is reasonably foreseeable that they could be haled into ct there
When is Minimum Contacts satisfied (or not)?
MC satisfied when:
Purposeful availment of the forum state
Activities systematic and continuous (i.e., “essentially at home”)
MC NOT satisfied when:
Stream of commerce alone (simply knowing a product may end up in a state w/o more)
Relatedness (General vs Specific Jx)
General Jx: where D is “essentially at home”/has “continuous and systematic contacts” so that the forum may exercise Jx over the D for any cause of action
Specific Jx: a claim arising from activity in the forum provides specific Jx over the D for that claim only
Service of Process
Must give adequate notice to D
Where: generally, service of process is allowed only in the limits of the state where the district ct sits OR anywhere else allowed by state law
“100 mile bulge” exception: out of state service will be allowed anywhere w/in a 100 mile radius of the courthouse where the suit is pending, but this only applies to out of staters that will be brought in as additional parties (i.e., 3rd party D’s and indispensable parties)
How: (1) personal service (by anyone 18+ who is a non-party); (2) leaving it at D’s usual abode w/ someone of suitable age and discretion who resides there; (3) first-class mail (as long as D return an acknowledgment or waiver, see below); (4) serving D’s authorized agent; and (5) other service methods permitted by state law
Waiver of (formal) service: P may serve D by first-class mail along with a request that D waive formal service of process
Serving out-of-stater: first-class/certified mail; newspaper posting OK if there is no other reasonable way
Serving D in foreign countries: by any internationally-agreed means; or absent an agreement, by an internationally agreed upon means that is reasonably calculated to give notice (e.g., methods proscribed by the Hague convention)
Serving a corporation/partnership/association: following state law or by serving an officer, a managing or general agent, or another designated agent authorized by appointment or by law AND also mailing a copy to each D
Removal
When a case was originally filed in state ct, the D (AND ONLY THE D) may remove the case to federal ct if the case could have originally been filed in federal ct (i.e., all Jx requirements are met)
If there are multiple D’s, ALL D’s must consent to removal
Timing: notice of removal must be filed w/in 30 days of service of the complaint
2 exceptions for diversity removal: (1) One-year rule: removal must occur w/in one year from the commencement of the suit; (2) no removal allowed if D is a citizen of forum state
If there are multiple claims and one claim is removable, then the entire case can be removed
Remand
P can remand a case back to state ct if they believe it was improperly removed
Timing: must bring motion to remand w/in 30 days of the filing of the removal notice
D has burden to show removal was proper
Venue
The proper Federal District Court for the case
3 proper venues: (1) district where any D resides (if all D’s resides in the same state); (2) any district where a substantial part of the events took place; (3) fallback: if neither of the first two venues are proper, then any district where any D is subject to PJ
Venue for corporate D: where it has its Principal Place of Business OR any district in its State of Incorporation
Venue is based on the D’s residence
Transfer of venue
(1) If venue was proper in the first place, then the ct MAY transfer the case to another district for the convenience of the parties and in the interests of justice. Law of the original venue will apply
(2) If venue was improper in the first place, then the ct must either (A) dismiss the case; OR (B) if it’s in the interests of justice, transfer the case to any district where it could have originally been brought
(3) Consent: if both parties consent to venue transfer
Forum non conveniens
If the more convenient forum is in another country, then = dismissal
When the foreign ct is substantially more appropriate for the litigation than the current ct, considering:
(A) Public factors (e.g., local interest, applying familiar law)
(B) Private factors (e.g., convenience of parties, location of witnesses and evidence)
(C) Foreign forum is both available and adequate
