Federal Civil Procedure Flashcards
When can a court order a party to submit to a physical or mental examination?
Upon motion of a party, when the party’s mental or physical condition is in controversy.
What does attorney certify when signing a pleading? (Rule 11 Sanctions)
Certify that pleading is: (1) not being presented for any improper purpose (harass, delay, etc); (2) warranted by existing law or by a non-frivolous argument for modifying the law; and (3) factual contentions are warranted on the evidence or will likely have evidentiary support after reasonable opportunity to investigate.
Preserving Personal Jurisdiction and Insufficient Process
Can preserve by raising in first defensive pleading
Two Step Personal Jurisdiction Process
1) VA long arm statute satisfied?;
2) Constitutional requirements satisfied
Virginia Long Arm Statute
most common
1) Transacting business in Virginia;
2) Causing tortious injury by act or omission in Virginia
3) Contracting to Supply or sell things in VA
4) Causing tortious injury by breach of contract if reasonably expected goods in Virginia
Constitutional requirement for Personal Jurisdiction
Minimum Contacts -
Aggregating claims for Diversity jurisdiction
Allowed when
1) A single Plaintiff against a single defendant;
2) multiple Plaintiffs with common/undivided interest;
3) Multiple Defendants only if allegation is that defendants jointly contributed to a single injury
General Rule for venue
Venue is proper in (1) judicial district where any Defendant resides in state if all Defendants reside in the same state; (2) a judicial district in which a substantial npart of the events or omissions giving rise to the claim took place
Venue “Fall Back”
If there is otherwise no judicial district in which the action may be brought, then the “fall back” alternative is that venue is proper in a judicial district in which any defendant is subject to personal jurisdiction with respect to such action.
Venue for Cases Removed from State Court
Venue is proper in the federal district court in the same district where the state action was pending
Forum non conveniens
Jurisdiction and venue are otherwise proper but court finds forum would be too inncovenient for parties and witnesses and another more convenient forum is available
How does a change in the amount in controversy affect diversity jurisdiction?
If amount in controversy falls below $75k by amendment, stipulation, or otherwise, federal courts retain diversity jurisdiction. Not the same if diversity is destroyed
