Civil Procedure (Before Midterm)

Definition: Rule 12(b)(1) Lack of subject-matter jurisdiction

The court has no power to hear the case; can be raised anytime, even on appeal; non-waivable.

Definition: Rule 12(b)(2) Lack of personal jurisdiction

The court cannot exercise power over the defendant.

Definition: Rule 12(b)(3) Improper venue

The case is brought in the wrong geographic location.

Definition: Rule 12(b)(4) Insufficient process

Defect in the summons or related documents.

Definition: Rule 12(b)(5) Insufficient service of process

Summons and complaint were not served properly.

Definition: Rule 12(b)(6) Failure to state a claim

Even if the facts are true, there is no legally cognizable claim.

Definition: Rule 12(b)(7) Failure to join a required party

Missing a necessary party under Rule 19.

Definition: Rule 12(g) & (h) Waiver and Consolidation

Certain defenses must be raised in the first Rule 12 motion or first responsive pleading or they are waived; 12(b)(1) cannot be waived; 12(b)(2)-(5) waived if not raised; 12(b)(6) & (7) can be raised later.

What is Rule 12(b)(1)

• Non-waivable

• Subject-matter jurisdiction can never be waived and may be raised at any time.

Definition: Rule 12(c) Motion for Judgment on the Pleadings

• Filed after pleadings are closed but before trial

• asks the court to decide on the basis of pleadings alone that the plaintiff is not entitled to relief.

Definition: Rule 12(e) Motion for a More Definite Statement

• Used when the complaint is too vague or confusing to respond to

• Court may require clarification.

Definition: Rule 12(f) Motion to Strike

Court may strike redundant, immaterial, impertinent, or scandalous matter from pleadings.

What is Rule 12(a)

Timing: Defendant has 21 days after being served to respond (with an answer or a 12 motion).

If a 12(b) motion is filed, the deadline to answer is…

paused until the court rules on the motion.

General Meaning of ‘In Personam”

Court has power over the people

General Meaning of ‘In Rem’

The court has power over property

General Meaning of ‘Quasi In Rem’

Property isn’t the focus of the lawsuit but is attached at the outset

3 Constitutional Limitations

1) Court’s excercise of jx comports with Due Process Clause of 14th Amendment

2) Need to establish sufficient contacts with the forum state and notice

3) Traditional Rule- Physical Power (estabslished in Pennoyer)

What was Pennoyer about?

Personal Jurisdiction

Pennoyer’s Personal Jurisdiction In Personam Established 3 Things

1) The D physically lives inthe forum state

2) The D is served in the forum state while physically present in the state OR;

3) The D consents to service and shows up to litigate the lawsuit

What did International Shoe do in regard to Personal Jurisdiction

Expanded concept of power from Pennoyer

How did International Shoe expand the concept of power?

Power not longer controlled by the traditional basis of presence, residence, or consent

Analysis for Modern Basis for Personal Jurisdiction

1) Does the D have minimum contacts with the forum state?

2) Does the claim arise out of those minimum contacts?

3) Doe the lawsuit offend traditional notions of fair play and substantial jusice?

Analysis for Traditional Basis for Personal Jurisdiction

Main issue: Do we have sufficient connection between the D and the forum state?

1) Is the D domiciled in the forum state?

2) Has the D been served in the forum state?

3) Has the D consented to service in the forum state?

Two Types of Modern Personal Jurisdiction

1) General JX

2) Specific JX

Nickname of General JX

“All Purpose”

Nickname for Specific JX

“Case-Linked”

Analysis for General JX

1) Requires that D be “at home” in the JX

2) A person is “at home in the state in which they are domiciled

3) A corporation is “at home” in the state in which it was incorporated and the state in which it has its pricinple place of business.

Analysis for Specific JX

1) Cause of action must arise from or relate to in-state activity;

2) With multiple claims or parties involved, each claim of each P must arise FROM or relate TO in-state activitiy

In General JX, a person is “at home” when

The state in which he is domiciled

In General JX, a corporation is “at home” when…

Incorporated in that state and the state in which it has its principal place of business

What 3 cases refined Minimum Contacts Test

Hanson, Shaffer, World-Wide Volkswagen

How did Hanson refine Minimum Contacts Test?

• Required purposeful availment

• Unilateral activity does not satisfy minimum contacts with the forum state

What does purposeful availment mean?

When D takes advantage of the benefits and protections of the forum state’s laws

How did Shaffer refine the Minimum Contacts Test?

• Held International Shoe PJ framework applies to both individuals and corporations

• Cases can be brought against people and property

How did World-Wide Volkswagen refine Minimum Contacts Test?

• Requires reasonable contacts

• Requires contacts cannot offend traditional notions of fair place and justice

• Must be reasonable for D to defend lawsuit in the forum state

What are the 3 cases that further refined the Minimum Contacts Test?

1) Burger King

2) Asahi Metal

3) Nicastro

What 3 concepts were central in Burger King?

1) Foreseeability

2) Purposeful availment

3) Unilateral act

Foreseeability in Minimum Contacts

A party who purposefully establishes contacts with a state, by entering a long term contract, doing business with a party in that state, engaging in ongoing negotiations with that business = Foreseeable to be sued in that state

How did Asahi Metal further refine Minimum Contacts?

• Merely placing an item in the stream of commerce is not a sufficient basis for personal jurisdiction

• Pure Stream of Commerce test

What is the Pure Stream of Commerce Test?

Placing the product in stream + foreseeability that people will buy product

What is the Stream of Commerce PLUS test?

Placing product in stream + intent to serve a particular state

What additional conduct does the “PLUS” in Stream of Commerce Plus Test include?

• designing product for forum state

• advertising in the state

• establishing customer support in the state

• maintining ssales office in the forum state

Before International Shoe, how was consent implied?

Presence in the state

After International Shoe, how is consent established?

Consent is characterized as sufficient minimum contacts with the state

Consent through an agreement to submit to a jurisdiction is called what?

A forum selection clause

4 various forms of consent in personal jurisdition

1) An individual living in the state

2) Corporation being ‘at home’ in the state 

3) Implied consent through sufficient contacts that give rise to the claim 

4) Consent through an agreement- form selection clause 

How does Due Process interact with jurisdiction?

It does not grant jurisdiction on any state courts it only defines the outer limits of what is permissible

Definition of long arm statute?

Long arm statutes enable a state to reach beyond its borders and require non-residents to appear in its courts provided that doing so complies with Due Process

3 ways long arm statutes vary from state to state

1) Some states allow jx over out of state individuals or entities only if they are doing business within the state 

2) Some statutes provide a list of activities that permit jurisdiction 

3) Some states limit jurisdiction to specific jurisdiction 

2 Questions the courts ask in every personal jx issue

1) Is there a statute authorizing personal jx?

2) If there is a statute authorizing personal jx, is it constitutional under Due Process to excercize that power?

What is a general rule about lawsuits constituting consent from Saenger and Gibbons?

Filing a lawsuit for counterclaims in the same case rises to substantial activity to establish consent to jurisdiction (Saenger), but not single prior lawsuits for sepearate subsequent suits (Gibbons) separate

If a statute does not allow for jurisdition, does the court have to answer the constitutional question if it’s permitted under Due Process? 

No 

What is a reaosn legislatures enumerate specific acts in long-arm statutes? 

To provide guidance to nonresidents about the jurisdictional consequences of engaging in certain activities in their state 

How do enumerated acts in long-arm statutes benefit courts?

They give courts leeway to reject jurisdiction in cases with minimal connections to the state. 

Difference between a coextensive long-arm statute and an enumerated long-arm statute

• Coextensive long-arm statutes reach to the full limits of due process. If the Constitution permits jurisdiction, then the state has jurisdiction.

• Enumerated long-arm statutes only give jurisdiction for certain listed activities, even if due process would allow more.

General rule for consent by registration

Most states have abandoned asserting general jurisidiction over foreign corporations through consent by registration statutes. Courts may later find these laws unconsitutional if they are too burdensome on interstate commerce.

Modern rule for consent by registration

Consent by registration statutes allows states to assert general jurisidiction over foregin corporations. However, this consent may be challenged if deemed unconstitutional or overly burdensome.

Rule 4K1(a) 

Default rule: Service is effective if the state’s long-arm statute establishes jurisdiction. If the state has jurisdiction via the long-arm statute, so does the federal government.

4K1(b) Rule

Joinder Rule: Allows the court to bring in a necessary party who is technically past state lines but is within 100 miles of the courthouse 

4K1(C) Rule

Allow personal jurisidiction when a federal statute authorizes it 

4K2 Rule

Federal Long Arm: A federal court can assert jurisdiction if: 

• No single state has jx 

• the claim arises under federal law 

• the D is not subject to jx in any state court 

• asserting the jx is constitutional 

Purpose of federal rule of civil procedure 4K? 

It is another means of establishing personal jx. It does not replace the minimum contacts established by International Shoe, but extends the federal court’s reach. Even if you satisfy the 4k rule, need to ensure that asserting personal jx doesn’t violate due process. 

4K1 Rule

Serving a summons or filing a waiver of service establishes personal jurisdiction over a defendant who: 4k1 (a-c) 

What are the three exceptions to the 4k1(a) general rule where serving a summons gives a fedral court personal jurisdiction only if a state court could too (borrowing the state’s long-arm statute)

4k1(b)- Joinder: service is valid if within 100 miles of the issuing court, even across state lines

4k1(C)- If federal law allows nationwide or broader service

4k(2)- Federal claim when 1) D isn’t subject to jx in any state courts, and; 2) Exercrising jx is consitent with Constitution and federal law