Civil Procedure - Jurisdiction Flashcards
SMJ - Diversity
Case is worth greater than 75k
i. Court must have legal certainty
ii. Adding claims:
1) P can add claims if one exceeds 75k
2) Single P can add claims against single D to reach 75k
3) Multiple Ps:
- If single P meets 75k, then other Ps can join
- Cannot join if no single claim exceeds 75k
4) Class action:
- One named member must meet 75k
b. Complete diversity of citizenship
i. Where domiciled: present location and intent to stay
ii. US citizen + foreign citizen
iii. Two foreign citizens = NO diversity
iv. Corporation: state of incorporation and/or PPB
CANNOT join a party just for citizenship
SMJ - Federal Question
a. Claim based one federal law and
b. Well-pleaded complaint rule: federal issue must be obvious
c. Federal issue cannot be a defense
Admiralty, maritime, intellectual property
Supplemental jurisdiction
a. Adding a case that lacks SMJ to existing case with SMJ if derives from common nucleus of facts
b. Diversity: new party cannot destroy diversity
c. Allowed
i. Compulsory counterclaim
ii. Joinder in compulsory counterclaim
iii. Cross-claim
iv. Impleader of 3rd party Ds
d. NOT allowed
i. Og P v. 3rd party D
ii. Compulsory joinder
iii. Joinder of Ds
iv. Intervention
e. Generally, P not allowed to add
Court has DISRECRETION to apply, not required
Personal Jurisdiction - in personam
(personal) jurisdiction over an individual
- allowed
§ Present/personally served
- Except: there bc of force, fraud, or another lawsuit
§ Domiciled
§ Consent
○ Out-of-state person allowed if
§ Long-arm statute: gives court the power to reach out-of-state persons AND
§ Minimum contacts based on fairness
1. if maintenance of suit does not offend traditional notions of fair play and justice
2. so D can reasonably anticipate litigation
- corporations:
Purposeful availment or
Systematic and continuous activity
PJ - In rem and Quasi in rem
- In rem
○ jurisdiction over property- Quasi in rem
○ Going after property to satisfy judgment against an individual
- Quasi in rem
Service of process
- Only in the limits of the state where the district court sits OR
- Anywhere allowed by long-arm statute
- 100-mile bulge rule: - out of state service allowed within 100 miles radius of the courthouse
- Only for out of state 3rd party Ds/indispensable parties
- Must give adequate NOTICE
- Personal service - by nonparty at least 18 yo
- At home/usual abode to someone of suitable age
- First class mail
- Authorized agent
- State law methods
- Out-of-state service
○ Mail or newspaper if no other reasonable way
○ Public official
- Corporation
○ Officer or designated agent
Anyone of sufficiently high placement
Removal
- When a state court case could have been filed in federal court - meets SMJ
- Not allowed if in state agency or some proceeding
- Only D may remove; all Ds must agree
Notice must be filed within 30 days of service of complaint
Removal - Diversity
One year rule: removal must be within 1 year of start of suit
D can’t remove if citizen of that state
Removal - multiple claims
○ One claim is removed, then the entire case can be removed
Removal - Remand
- P’s remand to state court after improper removal
○ Must bring motion within 30 days of removal notice
D has burden to show proper removal
Venue
- The proper federal district court to bring suit
- Based on where DEFENDANT resides
1. District where any D resides or if multiple Ds, any district where all Ds reside if same state
2. Where substantial part of event took place
3. If no 1 or 2, wherever one D is reachable (personal jurisdiction)
Corporation: PPB or any district in state of incorporation
- Based on where DEFENDANT resides
Transfer - proper venue
○ Court may transfer to another district for the convenience of the parties and interest of justice
Law of original venue applies
Transfer- improper venue
- Just must dismiss OR
2. in the interest of justice, transfer to any district where case originally could have been brought, or
Stays if both parties consent
Transfer - dismissal
Dismissed under forum nonconveniens if more convenient forum is a foreign country
