Federal Practice & Procedure Flashcards
What is Personal Jurisdiction?
Ability of the ct having SMJ (i.e., jurisdiction over the type of case) to exercise power over a particular D
3 Types of Jursidiction
- In personam
- In rem
- Quasi in rem
Personal Jurisdiction - In Personam - MEANING
When forum has power over the PERSON OF A PARTICULAR D
Personal Jurisdiction - 2 Req’ts to Exercise P/J of Nonresident
Ct must satisfy 2 req’ts:
- One of the grounds under VA Long Arm statute must be satisfied.
- Exercise of PJ over nonresident D must NOT VIOLATE DUE PROCESS OF LAW
Personal Jurisdiction - Due Process Clause Req’t
MINIMUM CONTACTS Test - D must have sufficient minimum contacts w/ forum state that D could RSN’Y ANTICIPATE BEING SUED in VA.
PURPOSEFULLY AVAILING oneself of the privileges of doing business in state puts D on notice of potential to be sued there
Personal Jurisdiction - Gen’l vs. Specific Jurisdiction
General: Ct has jurisdiction over any claim against D
Specific: Jurisdiction must be related to the claim
Personal Jurisdiction - When does court have Gen’l Jurisdiction over a D?
D is PRESENT in forum state and PERSONALLY SERVED there
D is DOMICILED in forum state
Personal Jurisdiction - When does court have Specific Jurisdiction over a D (what test)?
International Shoe MINIMUM CONTACTS
D must have SUFFICIENT MINIMUM CONTACTS w/ VA and claim ARISES FROM THOSE CONTACTS.
Personal Jurisdiction - Specific Jurisdiction - Is putting item into STREAM OF COMMERCE enough to trigger PJ?
Simply placing product in stream of commerce not enough –> D must have PURPOSEFUL CONDUCT directed at state that would make it REASONABLE for D to ANTICIPATE BEING SUED THERE
Personal Jurisdiction - In Rem
When ct has power to adjudicate the rights of ALL persons in the world w/ respect to a particular item of property
Virginia Long Arm Statute - Grounds for Exercising Jurisdiction
- Transacting Business in VA (1 transaction enough)
- K’ing to Supply Goods or Services in VA
- Causing Tortious Injury by act or omission INSIDE state
- Causing TORTIOUS INJURY by act or omission OUTSIDE state IF REGULARLY DOES/SOLICITS BUSINESS IN VA
- Causes injury in state by BREACH OF WARRANTY made in sale of goods if RSNy expected consumer would use/consume by person in VA provided he also regularly does/solicits business in VA
- Has INTEREST IN, USES, OR POSSESSES REAL PROPERTY in VA
- Ks to insure person in VA
- Agmt to pay child support or spousal
- Matrimonial domicile in VA
- Concieved or fathered child in VA
- Incurred liability for taxes, fines, penalties, interest
- Using computer or COMPUTER NETWORK in VA (but only if use as part of the act or omission (like selling a product that caused an injury)
Virginia Long Arm Statute - Transacting Business Req’ts
Just takes 1 transaction of business.
D does NOT have to come to VA to meet req’t
Personal Jurisdiction - Quasi In Rem
Exists when ct has power to determine the rights of particular ind’ls w/ respect to specific property w/i ct’s control
SMJ - Fed’l Question
Fed’l cts have SMJ over claims arising out of CONSTITUTION, LAWS or TREATIES of U.S.
Must appear as part of P’s CoA set out in a well-pleaded CMPT
SMJ - Diversity of Citizenship
- All parties on P side must be citizens of different state from all parties on D’s side, AND
- Amt in controversy OVER $75K exclusive of interest and costs
SMJ - Diversity of Citizenship - Test for Determining Individual’s Domicile
- Where ind’l has PHYSICAL RESIDENCE, and
2. INTENT to MAKE RESIDENCE PERMANENT PHYSICAL RESIDENCE
SMJ - Diversity - Amount in Controversy Req’t - LEGAL CERTAINTY TEST
Case meets the Amt in Controversy req’t UNLESS ct can say, TO A LEGAL CERTAINTY, P can’t recover more than $75k
SMJ - Diversity - Amount in Controversy Req’t - When P Reduces Amt
Amt judged at the time of original CMPT
Even if amount drops below threshold, as long as ct had proper jurisdiction at time initial CMPT filed
SMJ - Diversity - Amount in Controversy Req’t - Good Faith
As long as amt in controversy made IN GOOD FAITH, ct won’t 2nd guess it.
However, a court will second-guess the minimum amount in controversy if it is clear on the fact of the complaint that the amount is incapable of being attained and is clearly just to manufacture diversity jurisdiction
SMJ - Diversity - Amount in Controversy Req’t - AGGREGATION AGAINST MULTIPLE D’s
General R: P CANNOT aggregate claims against multiple D’s to exceed $75k
Exception: When multiple D’s NEGLIGENCE JOINTLY CONTRIBUTED TO A SINGLE INJURY, such that they’re JOINTLY LIABLE
SMJ - Diversity - Amount in Controversy Req’t - Can P AGGREGATE claims against 1 D to meet threshold?
Yes
SMJ - Supplemental Jurisdiction Over State Claims
- PENDENT CLAIMS
2. PENDENT PARTIES
Pendent Claims
If P has both fed and state claims, fed’l ct has DISCRETION to exercise supplemental (pendent) jurisdiction over state law claim if the 2 claims:
- DERIVE FROM A COMMON NUCLEUS OF OPERATIVE FACT and
- P would ORDINARILY BE EXPECTED TO TRY THEM ALL IN 1 JUD’L PROCEEDING
Pendent Party
Pendent party jurisdiction can arise when (1) P sues more than 1 D, (2) there’s fed’l jurisdiction over the claim against 1 D, and (3) claim against 2nd D doesn’t invoke fed’l Q or diversity of citizenship.
Can also apply to add a 2nd D where the amt is less than $75k if another D is over $75k and claim involves COMMON NUCLEUS OF OPERATIVE FACTS
LLC Citizenship Determination
Determined by citizenship of EACH MEMBER OF THE LLC.