Jurisdiction and Venue Flashcards
What are the types of subject matter jurisdiction?
Diversity or Citizenship, Federal Question, and Supplemental
Requirements for Diversity Jurisdiction
Must be in excess of $75k and complete diversity; court must have legal certainty
SMJ Diversity - Adding Claims
Plaintiff can add claims if one exceeds $75k
Single Plaintiff can ADD claims against Single Defendant to Reach $75k
SMJ Diversity - Multiple Plaintiffs
If single plaintiff meets $75k, then other plaintiffs can join
Cannot join if no Single Claim exceeds $75k
SMJ Diversity - Class Action (Old School)
Complete Diversity, Named plaintiff must exceed $75k
Federal Question Cases
Admiralty, Maritime, and IP
Supplemental Jurisdiction Test
Common Nucleus of Operative Facts
Personal Jurisdiction - Minimum Contacts Test
Suit does not offend traditional notions of Fair Play and Substantial Justice
Defendant could Reasonably Anticipate Litigation
For Corporation - Purposeful availment and Systematic and Continuous Activities
In rem jurisdiction
Jurisdiction over object/property
Quasi In Rem Jurisdiction
Going after property to satisfy a judgment against an individual
Service of Process
1) only in the state where the district sits OR
2) Anywhere allowed by long arm statute
100 Mile Bulge Rule
1) Out of state service allowed within 100 mile radius
2) Only for out of state 3rd party defendants/indispensible parties
Proper ways to Serve Process
- Personal Service by Non-Party over 18
- At Home with person of suitable age
- First Class Mail
4 Authorized Agent
- State Law method
Out of State Service of Process
Mail
Newspaper if no other reasonable way
Service of Process - Corporation
Officer or Designated Agent
Anyone of Sufficiently High Placement
Removal - Who may remove?
Defendants
All Defendants must agree
Removal - Timing
30 Days of Service of Complaint
Removal - Diversity Case Limitation
Cannot remove after 1 year
Cannot remove if forum-defendant
Remand - Timing
30 days from filing of Notice of Removal
Remand - Burden
Plaintiff has burden to show Removal was improper
Venue - Proper Venue
- Where any defendant resides, if all defendants reside in same state
- Where substantial part of events took place
ONLY IF 1 & 2 DO NOT APPLY
3. Where there is PJ over Defendant
Venue - Corporations
Principal place of business
Any district in state of incorporation
Venue - Transfer from Proper Venue
Court may TRANSFER to another district
For the convenience of parties and interests of justice
Law of original venue will apply
Venue - Transfer from Improper Venue
Judge must dismiss OR transfer in interest of justice
Transfer to any district where case could have originally been brought
Venue - Transfer by Consent
Both parties must consent
Forum non-conviens
Improper venue
Court dismisses and stays
Proper venue in different system
