Jurisdiction & Venue Flashcards
When are the requirements for Diversity Jurisdiction?
1) Parties are Diverse in Citizenship, (i.e., no P and D are citizens of same State) AND
2) amount in controversy > $75,000 (i.e., $75,000.01 or higher) = amt P seeks
*but court may dismiss if there’s a “legal certainty” damages will be < $75k
When can P(s) add claims up re: Amt. in Controversy?
= if any ONE Claim of P** **is >$75k, then P CAN add other claims to that
= if Single P is suing a Single D, then P CAN add claims up to reach >$75k
= if Multiple Ps AND at least One P has a claim >$75k, then other Ps CAN add their claims to that
How can a Class Action satisfy Diversity J’s Amt. in Controversy req?
= at least one Named Member has claim >$75k, then the Class Action satisfies Amt. in Controversy
When are parties Diverse in Citizenship?
For Diversity J purposes, parties are considered “diverse in citizenship” when…
= NO Plaintiff is “citizen” of same State as any Defendant at time of filing
“citizen” = where party is “domiciled”
“domicile” = where party is presently located*** AND ***intends to stay indefinitely= where party is presently located*** AND ***intends to stay indefinitely
What is a party’s “domicile”?
For Diversity J purposes…
“domicile” = where party is presently located*** AND ***intends to stay indefinitely
In general, is there Diversity JX if…
- US Citizen vs. Foreign Citizen (not domiciled in US)
- Foreign Citizen (not domiciled in US) vs. Foreign Citizen (not domiciled in US)
→ US Citizen vs. Foreign Citizen (not domiciled in US) = YES Diversity
→ Foreign Citizen ((not domiciled in US) vs. Foreign Citizen (not domiciled in US) = NO Diversity
For Div. J’s Diversity of Citizenship req, where is a Corporation domiciled?
Corp. is Domiciled in BOTH: (so, can be in One OR Two States!)
1) its State of Incorporation, AND
2) its Principal Place of Business
*NEITHER Corp’s State of Incorp. NOR its PPofBusiness can be same as ANY Opposing Party
Can someone Join a Party specifically to obtain Diversity?
= NO
Federal Question
**some areas are ALWAYS a FedQ → Admiralty, Maritime, ALL Intellectual Property (Copyright, Trademark, Patent)
= to be a Federal Question, P’s claim MUST…
(1) be based on Federal Law, AND
(2) P’s Complaint clearly identifies a Federal Issue (“Well-Pleaded Complaint Rule”)
*BUT, if the Federal Issue only arises as a DEFENSE → NOT a Fed Q
Supplemental Jurisdiction
SJ is when a non-SMJ Claim piggybacks on an SMJ Claim
…when the potential-SJ Claim is a FedQ case → IF it arises from a “common nucleus of facts” with the SMJ case → THEN it MAY be added to SMJ Claim
…when the potential-SJ Claim is a Diversity case → IF it arises from a “common nucleus of facts” with the SMJ case -AND- the NEW Party would NOT destroy Diversity of Citizenship → THEN it MAY be added to SMJ Claim
***the Court MAY add^ – but NOT REQUIRED to add
What are some specific actions where SJ IS / is NOT allowed?
SJ Allowed: generally, allowed when Defendant is trying to add
- Compulsory Counterclaim
- Joinder in Compulsory Counterclaim
- Cross-Claim
- Impleader of 3rd Party Defendants
SJ NOT Allowed:generally, NOT allowed when Plaintiff is trying to add
- Original Plaintiff vs. 3rd Party Defendant
- Compulsory Joinder
- Joinder of Defendants
- Intervention
Personal Jurisdiction
= generally, Court has JX over a Person IF…
1) he is physically present in the State AND personally served w/compliant;
*UNLESS he’s there b/c of Fraud, Force, or attending diff court case
2) he is domiciled in the State; OR
3) he consents to be sued in the State
**Court ALSO might have JX depending on State’s Long-Arm Statue AND whether Party satisfies Minimum Contacts Standard
Long-Arm Statute
a Court MIGHT have PJ based on State’s Long-Arm Statute
= this statute gives Courts power to reach out-of-state persons
→ IF State’s Long-Arm Statute gives Court PJ, must ALSO analyze whether Party satisfies Minimum Contacts Standard
Minimum Contacts Standard
For a Court to have PJ over an out-of-state Party via State’s Long-Arm Statute, that Party must satisfy Minimum Contacts Standard:
1) allowing Suit does not offend traditional notions of Fair Play & Justice, AND
2) such that Defendant could Reasonably Anticipate litigation
….a CORPORATION Defendant has Minimum Contacts IF:
1) Corp. purposefully availed itself of the State’s services, OR
2) Corp’s activities were Systematic AND Continuous in the State
In Rem Jurisdiction
In Rem Jurisdiction = Court has JX over an Object / Property
Quasi In Rem Jurisdiction
Quasi In Rem Jurisdiction = Court has JX to go after Property to satisfy a Judgment against an individual
E.g., court going after someone’s boat to satisfy judgment
Where is Service of Process allowed?
= generally, Service of Process IS allowed…
1) within borders of State where the District Court sits
2) anywhere allowed by Long-Arm Statute, OR
3) 100 Mile Bulge Rule: IF someone is an out-of-state 3rd Party Defendant or Indispensable Party -AND- he is located within a 100-mile radius of the Courthouse where suit is pending → MAY serve him
Ways to serve someone in-state?
= ways to SERVE someone in-state: (*don’t get stung by _A WASP_”)
- Abode (at Home with person of suitable age)
- Waiver (via First Class mail–so long as Def. returns Acknowledgement OR Waiver Form)
- Agent (to person’s Authorized Agent)
- State methods (methods allowed under that State’s Law)
- Personal Service by non-party who’s over 18 y/o
*also via a Public Official
Ways to serve someone out-of-state?
= ways to SERVE someone out-of-state:
- via registered / certified Mail
- via Newspaper IF there’s no other reasonable way
Ways to serve Corporation?
- Corp’s Officer orDesignated Agent, OR
- Anyone who’s sufficiently high placement in Corp
general req. for Removal
= can only Remove if the State Court case could have originally been brought in Federal Court
Is Removal allowed if the case is being heard within a State Agency?
= NO, the case must be in State Court for it to be Removable
Who may Remove a case?
= only Defendant may remove – if there are multiple Ds, ALL must agree
**But, if it’s a Diversity case → D CANNOT remove case to a State where D is a Citizen – he can only remove to a State where P is a Citizen
When must Notice of Removal be filed?
Notice of Removal must be filed → within 30 DAYS of service of Complaint
**if it’s a Diversity case → its removal to Fed Ct must be complete within 1 year since service of Complaint; if not completed after 1 year, CANNOT remove
Is Removal of a whole case allowed if only one of its claims is removable?
= YES
Remand
= P wants to bring case back to State Court b/c P alleges that Removal was improper
*D had Burden of Proof to show that Removal was PROPER
*P must motion to Remand WITHIN 30 DAYS** of **filing of Notice of Removal
Where is Venue proper for a case?
Venue is proper for a case where…
1) in any DISTRICT where any D resides SO LONG AS all Ds reside in the same State as that District
2) where “substantial part of events / omissions” took place
**if case doesn’t satisfy #1 or #2, then Venue is proper where… (#3)
3) where a Court can obtain PJ over a D
*NOTE: Venue is based on where the DEFENDANT resides.
For purposes of Venue, where does a Corporation reside?
For purposes of Venue, a Corporation resides in…
1) its Principal Place of Business
2) any District in its State of Incorporation
If venue for a case was proper, when may a court transfer venue?
Aka. “forum non conveniens”
If venue for a case was proper, a court MAY transfer venue when…
= …it would be more convenient for the Parties AND i_n the_ interest of justice
**law of the original district will apply in the new venue district
If venue for a case was improper, when may a court transfer venue?
If venue for a case was improper, a court MAY transfer venue when…
= in the interest of justice → OTHERWISE, court MUST dismiss the case
*transfer can ONLY be to District where case could have originally been brought
Transfer by Consent
= may transfer case if BOTH parties consent
If more convenient forum for case would be in a foreign country, what must court do?
= court must DISMISS case
