Jurisdiction & Venue

Question 1

When are the requirements for Diversity Jurisdiction?

Answer 1

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

Question 2

When can P(s) add claims up re: Amt. in Controversy?

Answer 2

= 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

Question 3

How can a Class Action satisfy Diversity J’s Amt. in Controversy req?

Answer 3

= at least one Named Member has claim >$75k, then the Class Action satisfies Amt. in Controversy

Question 4

When are parties Diverse in Citizenship?

Answer 4

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

Question 5

What is a party’s “domicile”?

Answer 5

For Diversity J purposes…

“domicile” = where party is presently located*** AND ***intends to stay indefinitely

Question 6

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)

Answer 6

→ 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

Question 7

For Div. J’s Diversity of Citizenship req, where is a Corporation domiciled?

Answer 7

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

Question 8

Can someone Join a Party specifically to obtain Diversity?

Answer 8

= NO

Question 9

Federal Question

Answer 9

**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

Question 10

Supplemental Jurisdiction

Answer 10

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

Question 11

What are some specific actions where SJ IS / is NOT allowed?

Answer 11

SJ Allowed: generally, allowed when Defendant is trying to add

1. Compulsory Counterclaim
2. Joinder in Compulsory Counterclaim
3. Cross-Claim
4. Impleader of 3rd Party Defendants

SJ NOT Allowed:generally, NOT allowed when Plaintiff is trying to add

1. Original Plaintiff vs. 3rd Party Defendant
2. Compulsory Joinder
3. Joinder of Defendants
4. Intervention

Question 12

Personal Jurisdiction

Answer 12

= 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

Question 13

Long-Arm Statute

Answer 13

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

Question 14

Minimum Contacts Standard

Answer 14

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

Question 15

In Rem Jurisdiction

Answer 15

In Rem Jurisdiction = Court has JX over an Object / Property

Question 16

Quasi In Rem Jurisdiction

Answer 16

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

Question 17

Where is Service of Process allowed?

Answer 17

= 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

Question 18

Ways to serve someone in-state?

Answer 18

= ways to SERVE someone in-state: (*don’t get stung by _A WASP_”)

1. Abode (at Home with person of suitable age)
2. Waiver (via First Class mail–so long as Def. returns Acknowledgement OR Waiver Form)
3. Agent (to person’s Authorized Agent)
4. State methods (methods allowed under that State’s Law)
5. Personal Service by non-party who’s over 18 y/o

*also via a Public Official

Question 19

Ways to serve someone out-of-state?

Answer 19

= ways to SERVE someone out-of-state:

1. via registered / certified Mail
2. via Newspaper IF there’s no other reasonable way

Question 20

Ways to serve Corporation?

Answer 20

1. Corp’s Officer orDesignated Agent, OR
2. Anyone who’s sufficiently high placement in Corp

Question 21

general req. for Removal

Answer 21

= can only Remove if the State Court case could have originally been brought in Federal Court

Question 22

Is Removal allowed if the case is being heard within a State Agency?

Answer 22

= NO, the case must be in State Court for it to be Removable

Question 23

Who may Remove a case?

Answer 23

= 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

Question 24

When must Notice of Removal be filed?

Answer 24

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

Question 25

Is Removal of a whole case allowed if only one of its claims is removable?

Answer 25

= YES

Question 26

Remand

Answer 26

= 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

Question 27

Where is Venue proper for a case?

Answer 27

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.

Question 28

For purposes of Venue, where does a Corporation reside?

Answer 28

For purposes of Venue, a Corporation resides in…

1) its Principal Place of Business
2) any District in its State of Incorporation

Question 29

If venue for a case was proper, when may a court transfer venue?

Answer 29

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

Question 30

If venue for a case was improper, when may a court transfer venue?

Answer 30

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

Question 31

Transfer by Consent

Answer 31

= may transfer case if BOTH parties consent

Question 32

If more convenient forum for case would be in a foreign country, what must court do?

Answer 32

= court must DISMISS case