Civil Procedure

Personal Jurisdiction

The authority of a court to hear a case involving a defendant based on the defendant's connection to the forum state. (1) Must fall within statutory limits of the forum state. (2) Must meet constitutional requirements of minimum contacts.

Personal Jurisdiction: Constitutional Requirements

The requirement that a defendant has sufficient connections with the forum state so as not to offend traditional notions of fair play and substantial justice.

Contacts

There must be minimum contacts between the defendant and the forum statute.

Purposeful Availment - the defendant must have engaged in actions that intentionally targeted the forum state.

Foreseeability - The concept that it must be foreseeable for a defendant to be sued in the forum state.

Relatedness

Does plaintiff’s claim arises out of or relates to the defendant’s conduct

If yes, then Specific Personal Jurisdiction - Jurisdiction that arises when a plaintiff’s claim is directly related to the defendant’s conduct in the forum state.

If no, then the court must have general personal jurisdiction - Jurisdiction based on the defendant being 'at home' in the forum state, typically where they are domiciled.

Domicile for Individuals

The location where a human is considered to be 'at home' for jurisdiction purposes.

Domicile for Corporations

Where a corporation is incorporated and has its principal place of business.

Fairness in Personal Jurisdiction

Only applies in specific personal jursdiction

An assessment of whether exercising jurisdiction over a defendant is fair and reasonable based on various factors.

Burden on the defendant - Consideration of whether the defendant faces severe disadvantages in being brought to the forum state for litigation.

Forum state interest -The interest of the state where the suit is filed in adjudicating the matter.

Plaintiff’s interest - The interest of the person bringing the lawsuit in having their case heard in their chosen forum.

Personal Jurisdiction: Statutory Requirements

a. Domiciled

b.Consent

c. State has “long arm statute”

d.Present in the forum state at the time of service

Notice

a.    What? Service + Compliant

b.    Who? Any person who is at least 18 years old and not a party to the complaint

c.     When? Within 90 days after filing complaint

How to serve on individuals?

1.    Personal service – in hand delivery

2.    Substituted service – at D abode on someone of suitable age and discretion who resides there.

a.    Common sense determination D’s abode and suitable age

b.    Service on an agent

c.     Methods of serving process that are permitted by the law: Where the federal courts sits; OR Where services is made are permitted.

How to serve on business and corporations?

1.    On office or general agent

2.    State law methods

How to serve minors or incompetent person?

Minor or incompetent person made on use state law method where service is made.

How to serve on parties in a foreign country?

1.    As directed by the court;

2.    Method allowed by the foreign country’s law;

3.    Method directed by foreign official in response to a letter of request;

4.    Personal service in a foreign country unless prohibited by its law; or

5.    Mail sent by the clerk of the American court, regarding signed receipts unless prohibited by the foreign country’s law

Waiver

P mails to D: Copy of complaint - 2 copies of waiver form - Prepaid return envelope

D must return executed form within 30 days or within 60 days (if outside US)

c.     Individuals and entities

d.    D does not waive defenses by waiving service

e.    Waiver is effective the day pl’s file waive in court, served the day when the pl’s turns in

Proving service of process

Process files report with court

A. If server is civilian, report is by affidavit: statement under oath

B. Failure to file does not affect validity

Process may be served within the state in which the federal court sits.

Service of Process Immunity

If the D goes to State X to appear as a party, witness, or attorney in a different civil case in State X, the D cannot be served with process for a civil case in federal court in State X

Service for motions, pleadings, etc

Do not have to require a summons

To attorney or pro se party

  i.     Personal delivery

ii.     Mail (mailbox rule) and add three days after the 30 days of pleading

iii.     Email if parties agree

Subject matter jurisdiction: federal question

Claim arises from federal law

Determined by well-pleader complaint

i.     Looking at the face of the complaint

ii.     Is the plaintiff enforcing federal right?

Subject matter jurisdiction: Complete Diversity

1.    No SMJ if any P is citizen of same state as D

2.    When the case is filed

3.    A citizen of another country counts but two country is not so is not within SMJ

Citizen of natural person

Domiciled, but only one

Retained until it has changed by:

i.     Physical presence in new place; and

ii.     Subjective intent to make new place domicile for foreseeable

Courts look at all relevant factors i.e., job, buying a house, joining a civic organization, registering to vote, qualifying in-state tuition

Citizen of a corporation

a.    Any state/country where incorporated; and

b.    The one state/country where the principal place of business: where the corporation’s managers direct, coordinate, and control the business.

Citizen of unincorporated association

a.    Takes on citizenships of all members

b.    If limited partnership, include citizenships of general and limited partners

Citizenship of decedents, minor, or incompetent

A represented of decedents, minor, or incompetent takes citizenship of person represented

Amount in controversy exceeds 75K

i.     Prejudgment interest not included

ii.     Interest as part of claim

iii.     Good faith allegation by P usually controls unless to a legal certainty 75K+ is not possible

Amount in controversy with Single P v. Single D

1.    A single P may aggregate all claims against a single D

2.    Claims do not need to be related

3.    Multiple P cannot do this

Amount in controversy: equitable relief

If either test is satisfied:

Test 1 = is value of relief of P greater than 75k?

Test 2 = will relief cost D more than 75k?

Removal is:

Procedure allowing D to move case from state court to federal court

i.     Court will remand if removal is improper

ii.     Does not dismiss

Standard for removal

i. Case filed in state court could have been brought in federal court (i.e., diversity or federal question requirements met)

Timing of removal

i.     30 days after service of paper showing case is removable

ii.     Usually service of process which includes the copy of complaint

What cases can be removed?

The D can remove a case that meets the requirements of diversity citizenship including alienage or federal question

Two limits on removal based on diversity: If any D is a citizen of the forum state and one- year time limit

Who joins in removal?

 All Ds served with process must join

Earlier-served D may join later-served D’s removal even if 30 day period expired.

P cannot remove

Remand

P must move to remand within 30 days if defect other than lack of SMJ

30 day limit does not apply if federal court has subject matter jurisdiction (lack of SMJ is never waived)

If a case becomes removal

1.    30 days to remove from the time it becomes removable

2.    No removal if more than 1 year after filed (usually)

a.    Does not apply if D originally joined to prevent removal