Federal Civil Procedure Flashcards
What is the two step analysis for Personal Jurisdiction (in state or federal court)?
(1) the exercise of PJ must fall within a state statute; and (2) the exercise of PJ must satisfy the constitution.
What does a PJ long arm statute do?
It grants PJ over nonresidents who perform or
cause certain things within the state
How do we evaluate the state statute step of PJ on the MEE?
if the statute is provided, just apply it. If the
statute is not provided, just note that you need a state statute and
that you’re going to assume the statutory requirement has been
satisfied. Then move on to the constitutional analysis
How do we evaluate the constitutional step of PJ?
Does the defendant have
such minimum contacts with the forum so jurisdiction does not offend traditional notions of fair play and substantial justice?
What are the factors we use to determine minimum contacts with the forum in the constitutional test for PJ?
Contact, relatedness, and fairness
What factors do we use to determine that there were adequate minimum contacts?
(1) Purposeful Availment. The contact must result from Defendant’s purposeful availment, that is, from her voluntary act.
(2) Foreseeability. After finding that the defendant arguably availed herself of the
forum, we must assess foreseeability: Is it foreseeable that Defendant could be sued in the forum?
What do we ask to determine relatedness?
For relatedness, we ask: Does Plaintiff’s claim arise from
or relate to Defendant’s contact with the forum? If the answer is “yes,” the case involves “specific PJ” and we jump to the “fair and reasonable analysis. If the answer is “no,” the only way to proceed is if the court has “general PJ.”
When can a court have general PJ over a defendant?
To have general PJ, the defendant either
must be at home in the forum or must have registered to
do business in the state and have appointed an agent for
service of process there. Also if the defendant is served with process while in the state.
Where is a human always “at home”?
where she is domiciled.
Where is a corporation subject to general PJ?
Where is a corporation always “at home”? (1) The state in which it is incorporated; and (2) the state in which it has its principal place of business (“PPB”)
Do you assess fairness for specific PJ or general PJ?
Only specific PJ
What do we look to in evaluating fairness in specific PJ?
level of Burden on the D and witnesses; State’s interest in providing a courtroom for its citizens that are being harmed by out of state defendants; Plaintiff’s interest in suing at home
What do states require for statutory in personam jurisdiction?
The D…
1. Is present in the forum state at the time of service;
2. Is domiciled in the forum state;
3. Has given express or implied consent to jurisdiction; or
4. Meets the requirements of the forum state’s long arm or other statute.
What are the constitutional restraints on in personam jurisdiction?
There must be sufficient minimum contacts so that the exercise of in personam
jurisdiction over the defendant is fair.
- Contacts
The contacts must show that the defendant:
a. Purposefully availed herself of the forum state’s laws; and
b. Knew or reasonably should have anticipated that her activities in the forum
made it foreseeable that she may be “haled into court” there. - Relatedness
a. If the claim is related to the defendant’s contact with the forum, a court is
more likely to find that jurisdiction as to that claim (“specific jurisdiction”) is fair
and reasonable; or
b. If the claim is unrelated to the defendant’s contact with the forum, the court
must have “general jurisdiction” over the defendant, which requires the
defendant to have registered to do business or be “at home” in the jurisdiction. - Fairness
The court will also consider:
a. Whether the forum is “so gravely difficult and inconvenient” that the
defendant is put at a severe disadvantage;
b. The forum state’s legitimate interest in providing redress for its resident;
c. The plaintiff’s interest in obtaining convenient and effective relief;
d. The interstate judicial system’s interest in efficiency; and
e. The shared interest of the states in furthering social policies.
What does notice / process consist of?
(1) a summons, which is formal court notice of suit and the timing
for response; and (2) a copy of the complaint
Who can serve process? (different than CA)
Any person who is at least 18 years old and not a party to the action
When must process be served?
service must
take place within 90 days of the filing of the complaint. This period
may be extended for good cause.
How is processed served on an individual w/in the US?
(1) personal service, (2) substituted service, (3) service on agent, (4) state law approved methods