Final Jurisdiction - etc

Question 1

International Shoe

Answer 1

Def has such minimum contacts with the state that it

** does not offend traditional notions of fair play and substantial justice.

Question 2

Hansen (trust in Delaware) + McIntyre / Nicastro

Answer 2

NO JDX if only Unilateral Action - def must Intentionally establish contact w/ state

Question 3

McGee (Ins Policy)

Answer 3

Purposeful Availment / Solicited in State

Question 4

Reasonableness factors: (THE ONLY POINT ONE WAY)

Burger King

Answer 4

1. Δ’s burden/interest coming to forum
2. F’s state interest (in protecting citizens / preventing harmful activity)
3. Π’s interest in Litigating in forum
4. Court system efficiency – where are witnesses/documents?
5. Justice + social policies – how likely will they pay for plaintiff’s injuries

Question 5

General Jurisdiction:

1. Daimler AG
2. Goodyear

Answer 5

1. “so continuous and systematic” as to make the corporation basically “at home”
2. allow any claim against a defendant provided the defendant has organized and continuous relationship

Question 6

General Jurisdiction - Corp at home

Answer 6

1. PPB

2. Where Incorp

Question 7

Venue - 3 steps

Answer 7

28 U.S. Code § 1391(b)
1. Is it the Δ’s residence?
- If multiple Δs, do they all live in the same state?
~or~
2. Where a substantial number of events occurred
~or~
3. Fail Safe: (only if cannot get 1 or 2): Where there is personal j/d over Δ

Question 8

Order of Evaluation for a problem:

Answer 8

1. 12(b)1 Subject matter - b/c if none then case dead
2. 12(b)2 Personal Jurisdiction - b/c can’t pull def in
3. 12(b)3 Venue - Need right one

Question 9

Venue: FNC / forum non conveniens motion

Answer 9

§ 1404 = when court is a proper forum (venue + pj) but there is a better venue out there (balance test)  - 
Gilbert Factors 
The private factors are:
1.     Access to evidence
2.    Language spoken
3.    Cost of getting witnesses
4.     Ease or burden to the defendant

The public factors are:

1. Court congestion
2. Local interest in having local controversies decided at “home”
3. Multiple sets of laws
4. Unfairness of burdening citizens with jury duty for case unrelated to forum

Question 10

Venue: when in incorrect forum

Answer 10

28 USC §1406 = can dismiss or transfer

Question 11

Subject Matter Jurisdiction: Federal Question Doctrine

Does citizenship or amount matter?

Answer 11

No - Citizenship is irrelevant and the amount is irrelevant

Question 12

Subj. Matter Jdx - Fed question §1331 means that …

Answer 12

Is it Arising under Federal Law (the Constitution, laws or treaties of the US)

Question 13

Subj. Matter Jdx - Diversity § 1332

Answer 13

Domicile = Presence + Intent to Remain

a. If leave , then it’s the last one until establish a new one
b. domicile determined When the claim is filed

Question 14

Subj. Matter Jdx - Diversity § 1332 - Aliens:

Answer 14

a. Alien w/ permanent residency = a citizen

b. A stateless alien (person stripped of citizenship) cannot be diverse

Question 15

Diversity Ex:

1. NY + Fr ~ vs. ~ NJ + Br =
2. NJ v. United Steel Workers =

Answer 15

1. yes - b/c disregard foreigners

2. no b/c assoc, etc are citizens wherever they have members (AND THIS ONE HAS MEMBER IN EVERY STATE)

Question 16

Subj. Matter Jdx - Fed question §1331 - Mottley Rule

Answer 16

The well-pleaded complaint rule:

- We look for a federal question on the face of the complaint

Question 17

Removal Jurisdiction: 28 U.S. Code §1441 - rules

Answer 17

1. The fed ct must have original jurisdiction
2. removed from state court to federal
3. Π makes original choice / Δ gets option of removal
4. all defendants must join in, or consent to, the removal - 1441 (1)(b)2(a)

Question 18

Removal Jurisdiction: 28 U.S. Code §1441(b)2 = Diversity Limit

Answer 18

Diversity Suit - if you’ve sued in any Defendant’s home state, the case is NOT removable

Question 19

Removal Jurisdiction: 28 U.S. Code §1441(c) = Limit on 2 different distinct claims

Answer 19

If a case that has two claims, one that is federal and one is distinct (unrelated):

• fed can be removed
• the non-federal unrelated will be sent back bc needs Sub Matter JDX for any claim trying to remove

Question 20

Supplemental Jurisdiction: 28 U.S. Code § 1367

Answer 20

Jurisdiction over all other claims that are so related to claims that they form part of the same case or controversy under article 3
- as long as fair and efficient

Question 21

Supplemental Jurisdiction: court can refuse if

Answer 21

• mostly state law claims

- complex state law matter

Question 22

Supplemental Jurisdiction: 2 part test

Answer 22

1. Does it form part of the same case or controversy -defined as having a common nucleus of operative fact. STOO
2. Is it fair and efficient?

Question 23

Transfer Venue § 1404 to any other district or division where it might have been brought - Analysis means

Answer 23

Have to check SMJ , Pers Jdx, Venue – all 3

(Sneaky, Sneaky)

Question 24

Removal Jurisdiction: Venue is where ..?

Answer 24

Wherever the state ct is the district ct in that county

Question 25

Fictional Names citizenship - Removal JDX

Answer 25

Discount them

Question 26

Hearing RULE:

Notice -

Answer 26

Opportunity to be heard in a Meaningful Time and Manner

• notice / reasonably calculated to provide actual notice

Question 27

Pre-seizure Hearing - 3 Part Test - is the action related to the property + easy to prove?

Answer 27

1. Defendant’s interest - how important is that interest?
   - Deprived of property?
2. What is the risk that that seizure is wrong through the current procedures vs. value of additional safeguards
3. What is the burden to the creditor to come in and establish case or exigent circumstances
   - Burden to the state - none b/c just moving hearing from post to pre-seizure

Question 28

Removal on Diversity- is complete diversity required?

Answer 28

Yes

Question 29

Diversity is determined when?

Answer 29

At the time the complaint is filed