Civil Procedure Final Flashcards
Traditional Bases of personal jurisdiction
Consent, Waiver, Domicile, Presence
Rule 4(k)(1)(a)
allows a federal court to have personal jurisdiction if the state it sits in could exercise personal jurisdiction
McGee MultiFactor Test
D’s burden, P’s interest, forum states interest
Calder Effects Test
defendant intentionally aimed tort at forum and knew with substantial certainty that harm would be felt in the forum
Stream of Commerce (Brennan)
putting product in the stream of commerce with knowledge that it would eventually end up in the forum is sufficient for minimum contacts
Stream of Commerce +
needs more purposeful availment (ads, services, directed products)
Reasonableness Factors (WWVW)
- P’s interest
- D’s burden
- Forum State’s interest
- Shared states interest
- judicial efficiency
General Jurisdiction
defendant can be sued in that forum for a claim that arose anywhere in the world
General Jurisdiction how to find?
PPB/INC
Rule 4(a)
- Parties
- Directed at the defendant
- Address/name of plaintiffs attorney
- Time defendant must appear
- Notice of default judgment
- Clerk’s signature
- Court’s seal
4(c)
- Summons and complaint
- Served by someone 18+ and not a party
- U.S. Marshal
4(d)
- Send request
- Courts info
- Date request was sent
- Sent reliably
When must a defendant answer after waiving service?
60 days in the US; 90 days outside the US
When serving waiver, what must be included
Only the complaint and 2 copies of the waiver request form
4(e)
- Served individually
- Left at usual place of abode with someone who resides there of sound mind and discretion
- Served on authorized agent of process
4(m)
plaintiff has 90 days to serve defendant after filing
Diversity Jurisdiction constitutional requirement
minimum diversity
Diversity jurisdiction statutory requirements
Complete diversity and greater than $75,000
How to find domicile (diversity)?
Residence + intent to stay
Citizenship of corporations
INC and PPB
Residence of unincorporated entities
citizenship of each partner
Can you aggregate? 1 plaintiff and 1 defendant
yes any claims may be aggregated to reach AIC
Can you aggregate? 1 plaintiff and multiple defendants
If the claim is joint, otherwise no
Can you aggregate? Multiple plaintiffs and either 1 or multiple defendants
No. Each plaintiff must reach AIC alone
Federal Ingredient Test
Federal question is raised anywhere in the pleadings
Well-pleaded complaint
Federal question was raised in the complaint
Grable Rule
- Necessarily raised, 2. actually disputed, 3. Substantial, 4. Without disturbing congressional balance of fed and state
Supplemental jurisdiction
Allows for claims which could not normally be heard in federal court because lack of independent basis to tag along to claims with independent basis
1367(a)
grants. Fed Q+ CNOOF= supplement
Diversity + CNOOF= go to 1367(b)
1367(b)
If by plaintiff against party joined under Rule 14, 19, 20, or 24= NO SUPP.
1367(c)
Discretionary factors for the court to decline supplemental. 1. novel or complex issue of state law 2. state law predominates 3. original jx claim has been dismissed 4. other exceptional reasons (Gibbs factors ; fairness, comity, ecomony)
Removal
when a defendant seeks to remove a case from state court to federal court
Requirements for removal
- Only defendant can remove (all defendant’s must consent)
- Original basis for federal jurisdiction
- Defendant has 30 days to remove
Diversity and Removal
- If defendant is citizen of state where case was brought, defendant cannot remove
- Case cannot be removed more than 1 year after commencement
1391(b)
- where defendants live, if all defendants reside in the same state
- Where a substantial amount of events or omissions occurred
- Fallback- where defendants are subject to PJx
1391(c)(1)- individuals + permanent residents (aliens)
domicile (live + intent to stay)
1391(c)(2) corporations
subject to personal jurisdiction
1391(c)(3)- alien
may be sued in any judicial district
§1404
In the interest of justice and efficiency, the court may transfer a case to any district where is may have been brought
What venue does 1404 apply to?
Correct venue
Interest factors for 1404
- access to witnesses
- access to forum
- docket congestion
- speed of trial
- Relationship of the community with the dispute
- Court’s familiarity with governing law
- plaintiff’s choice
- Whether original forum is where plaintiff resides
- existence of presuit venue agreement
Forum non conveniens
Doctrine which allows a court to dismiss the case without prejudice to allow plaintiff to bring it in the foreign forum which is more appropriate
Private interest factors
- Convenience of parties and witnesses
- Compulsory witness attendance
3.sources of proof
4.defendants choice - plaintiff’s choice
Public interest factors
- transferees’s familiarity
- docket congestion
- local interest
§ 1406
the court may dismiss, or. in the interest of justice, transfer the case to a court where it could have been brought
What venue does 1406 apply to?
Wrong venue.
York Outcome determinative test
If outcome would change by applying federal law, court should apply state law
Byrd Multibalancing test
weighs state and federal interest
Hanna Analysis
direct conflict with state law, no limiting federal language, and constitutional
Hanna modified outcome determinative test
Would applying federal rule lead to forum shopping or inequitable distribution of law? if yes, apply state law
