MEE Flashcards
(94 cards)
Personal jurisdiction (PJ)
Traditional bases (CDP): consent, domicile, presence (Δ unlikely to meet any of these) or State long-arm statute.
State-Long arm statute
Statutory basis: Statute gives power over non-residents to extent constitutionally permissible. Sets up issue whether PJ meets constitutional requirements. 3 steps - 1. minimum contacts and 2. relatedness and 3. jurisdiction must comply with fair play and substantial due process.
State-long am statute requirements
To have personal jurisdiction over a defendant, there must be a state long arm statute authorizing personal jurisdiction over the defendant, and the defendant must have minimum contacts with the forum state such that the exercise of personal jurisdiction over it would be fair and reasonable. (relatedness and fairness).
Minimum Contacts for Long-arm Statute
A key factor is whether it was reasonably foreseeable that the defendant could be sued in the forum state. jurisdiction is “specific,” meaning that it is for the instant cause of action only, arises from or relates to D. voluntary contacts. In addition to specific jurisdiction, an individual who is domiciled in the forum state is subject to “general” personal jurisdiction—that is, jurisdiction for all causes of action—in that state, or a D that its contacts are so systematic and continuous.
SMJ - Federal Question
Federal question jurisdiction is available when the plaintiff’s well-pleaded complaint sets forth a claim that arises under federal law.
SMJ - Diversity Jurisdiction
Diversity of citizenship jurisdiction requires that complete diversity of citizenship exists. Complete diversity exists if no plaintiff shares state citizenship with any defendant, and the amount in controversy exceeds$75,000, excluding interest and costs, as alleged in good faith in the plaintiff’s complaint.
Federal - Subject Matter Jurisdiction
The main two bases for federal subject matter jurisdiction are federal question jurisdiction and diversity of citizenship jurisdiction.
Supplemental Jurisdiction (nucleus)
Allows Federal court to decide claims in connection same nucleus transaction to occurrence. it gets claims into a federal case, even though the claims cannot use diversity of citizenship or FQ SMJ. We must have a case that is already in federal court based on diversity or FQ question. So the case invoked diversity or FQ and is pending in federal court.
Supplemental Jurisdiction (nucleus) - limitation for plaintiff
Case that got through federal court only through diversity it is excluded if asserted by a plaintiff. Exception: when multiple plaintiffs and the claim by one of them does not meet the amount in controversy.
Supplemental Jurisdiction - Analysis step
- Step 1 – check for diversity or FQ jurisdiction over the additional claim. If the additional claim satisfies either FQ SMJ, then it can be heard.
- Step 2 - check for supplemental jurisdiction if no Diversity or FQ. Common Nucleus of operative fact Test. When a claim arises from the same transaction or occurrence (“T/O”) as the underlying case.
- Is there the limitation? Case that got through federal court through diversity it is excluded if asserted by a plaintiff. Exception: when multiple plaintiffs and the claim by one of them does not meet the amount in controversy.
Removal
Generally, a defendant in a state court case may remove that case to federal court if it could have been filed originally in federal court (i.e., a federal court would have had subject matter jurisdiction over the case). Removal is accomplished by filing a petition for removal within 30 days of formal receipt of the complaint. However, a case is not removable on the basis of diversity* if any defendant is a citizen of the forum state.
D can if federal question!!
What happens when a case is removed from state court? where will it go?
Under 28 U.S.C. section 1441(a), when a case is removed from state court to federal court, venue is set in the federal district court that embraces the state court in which the action was pending (The presence of a forum selection clause does not make venue in State A improper under the venue statutes).
FSC the fed court has the discretion to apply it
D. sued in home state may NOT REMOVE only based in diversitity jurisdiction.
If a removal was improper: Remand
If the plaintiff thinks the case should not have been removed, she moves to remand to state court. If the motion to remand is based on a reason other than lack of SMJ, she must move to remand no later than 30 days after the filing of the notice of removal. If the plaintiff fails to do so, she waives the right to have the case remanded to state court and the case will stay in federal court. On the other hand, if removal was improper because the federal court lacked SMJ, there is no time limit on ordering remand (it is mandatory).
Erie doctrine factors: TOPICO
Whether:
Twin goals
Overcome state law
Policy (federal)
Interest
Choice of federal or state law determines
Outcome
o best serve the twin goals of Erie, i.e., discouraging forum-shopping and avoiding unfairness;
o choice of federal or state law determines the outcome;
o state law expresses a strong state interest; and
o federal policy should overcome state law.
If the case is in Federal Court, and there is state law applicable in the diversity case. Which law will be applied?
Erie Doctrine - As an initial matter, under the Erie doctrine, a federal court sitting in diversity* must apply substantive state law, but it will apply federal procedural law. Generally speaking, if there is a federal directive on point, such as a federal rule of procedure or statute, and it is valid, it will be applied. In the instant case, venue is strictly a procedural matter that is exclusively determined by federal venue laws. Federal law determines the enforceability of forum selection clauses, and federal law will generally allow for enforcement of forum selection clauses.
* not federal question
Federal Courts must apply state law in which specific issues? CERSS
- Conflict (or choice) of law rules;
- Elements of a claim or defense;
- Rules for tolling statutes of limitations.
- Statutes of limitation;
- Standard for granting a new trial because the jury’s damages award was excessive or inadequate (not in federal question case).
Which law will be applied in Federal Courts when it is transferred solely on convenience grounds? and one exception
Ordinarily, under the venue statutes, a transfer solely on convenience grounds carries to the transferee court the originally applicable law (that is, the law of the transferor court), including any choice of law rules. However, an exception exists when transfer is based on a forum selection clause. In such cases, the law of the transferee court (that is, the court selected in the forum selection clause) is applied rather than the law of the transferor court.
FRCP and state law conflicts, then FRCP will apply if:
If federal or state law conflicts, then FRCP applied if: (i)the rule is arguably procedural and MAE (ii)the rule does not abridge, enlarge, or modify any substantive right.
Venue Transfer when it is proper
Ordinarily, under the venue statutes, when venue in the original action is proper, the federal court, in the interests of justice, may (but does not have to) transfer the case for the convenience of the parties and witnesses to another venue in which the action might have been brought (considering the rules for venue, personal jurisdiction over the defendant, and subject matter jurisdiction) or to which the parties have consented.
Venue may be laid in a judicial district in:
(1) in which any defendant resides, if all defendants reside in the same state, or (2) in which a substantial part of the
events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated. Failing (1) or (2), venue is proper in any district where any defendant is subject to the court’s personal jurisdiction with respect to the action.
Forum Selection Clause and exception
the “interests of justice” formula is slightly changed when transfer is based on a forum selection clause. When the parties have agreed to a valid forum selection clause, a district court should ordinarily transfer the case to the forum specified in that clause, assuming that it is a proper venue or that all of the parties have consented to transfer. Only under extraordinary circumstances unrelated to the convenience of the parties should a section 1404(a) motion be denied. Unrelated factors include such things like what law applies, what community should be burdened with jury service, and the desire to keep a local controversy in a local court.
Forum Non-Conveniens
forum non conveniens (“FNC”) applies when there is another court that is the center of gravity for the case. But courts cannot transfer the case to a different judicial system. The court invoking FNC will stay (hold it in abeyance) or dismiss the case.
Notice of summons - service
Notice- service must take place with 90 days, person at least 18yo, not a party. substituted service: at D. usual place of abode with someone of suitable age and discretion if not there, service on an agent of the D., on business and organization in the US
Federal Rule of Civil Procedure 4
State long-arm statute - specific jurisdiction
- Specific jurisdiction applies if the plaintiff’s claim arises from or relates to the defendant’s intentional contacts with the forum state. Like having 20 stores in the state.
