Civil Procedure

Personal Jurisdiction

The court’s power over the parties

How a plaintiff consents to PJ

By filing in the court

Personal Jurisdiction Test

Does Defendant have sufficient minimum contacts with the forum so that exercising personal jurisdiction is fair and reasonable? Two step analysis: 1) Meet the state constitution and 2) the US Constitution

Long Arm Statute

A state’s rules for personal jurisdiction over non-residents. many go to the fullest extent of the constitution

International Shoe

The constitutional personal jurisdiction analysis. Asks whether the defendant has such minimum contacts with the forum so jurisdiction doesn’t offend the traditional notions of fair play and substantial justice. Look at the contact (purposeful and foreseeable), relatedness, and fairness

“Contact” for International Shoe

There must be relevant minimum contacts between the defendant and the forum. Look for purposeful availment and foreseeability

Purposeful availment

“Contact” for international shoe. Voluntarily acting in the forum (causing an effect in the forum). Physical presence not required

Foreseeability for “contact”

Is it foreseeable the defendant could be sued in the forum?

“Relatedness” for International Shoe

Does Plaintiff’s claim arise from or relate to the defendant’s contact with the forum? If yes, the court has specific PJ. If no, the court has general PJ

Specific Personal Jurisdiction

A court has authority over a defendant because the defendant’s contacts with the state are directly related to the legal claim being made

General personal jurisdiction

A court can hear any case against a defendant, even if the case has nothing to do with the defendant’s contacts with the state. Applies when the defendan't is “at home” in the state

“Fairness” for International Shoe

Only applies to specific personal jurisdiction. 3 Factor test: 1) burden on the defendant and witnesses, 2) Defendant must show they’d have to be at a severe disadvantage, 3) the forum state’s interest in hearing the case

Notice

Must be reasonably calculated under all circumstances to apprise interested parties of the action

Notice comes from two documents

Summons and a copy of the complaint. Served together with the process

Summons

Formal court notice of the suit and timing for response

Who can serve

Anyone over 18 and not a party to the case. No court appointment necessary

How to serve a person in the US

Personal service, substituted service, on their agent if they’re appointed by contract for that purpose, or any other state law methods allowed in the state where the federal or state court sits

Personal service

Going to the defendant directly to serve them

Substituted service

Serving someone other than the defendant at their usual place of abode on someone of suitable age and discretion who resides there

How to serve a business or organization in the US

Delivering to an officer or agent; or any state law methods

How to serve a minor or incompetent in the US

State law methods ONLY

How to serve parties in a foreign country

As directed by the American court; as allowed by the foreign country’s laws; method directed by a foreign official in response to a request from an American court (a letter rogatory); mail sent by an American clerk requiring signed receipt (unless forbidden in the foreign country)

Letter rogatory

A formal request from one country’s court to another country’s court asking for help in obtaining evidence or serving documents in a legal case. Used when the person or evidence is in another country, and the requesting court needs that country’s legal system to assist

Steps for waiving service

1) Plaintiff mails defendant a copy of the complaint, 2 copies of the waiver form, and prepaid return envelope; 2) Defendant must return it within 30 days (if in the US) or 60 days (if outside the US); 3) If defendant refuses to waive without good cause, they may have to pay the costs of formal service

Immunity from service

If the defendant is in the state to appear in another case, they’re immune from service

Subject matter jurisdiction

The court’s power over the case

The SMJ of federal courts

Limited SMJ (They can only hear certain kinds of cases)

The SMJ of state courts

General jurisdiction (can hear any kind of case)

Types of cases state courts cannot hear

Patent infringement, bankruptcy, some federal securities, and anti-trust claims

Federal courts’ limited SMJ

Federal diversity jurisdiction, diversity jurisdiction, and cases involving patent infringement, bankruptcy, and some federal securities and anti-trust claims

Waiting SMJ

You can’t

Diversity Jurisdiction

Allows a federal court to hear a case when: 1) the parties are citizens of different states (or one is a US citizen and the other isn’t), and the amount in controversy exceeds $75k

Complete diversity rule

Diversity jurisdiction requires that no plaintiff is the same citizen as any plaintiff. No SMJ if any plaintiff is a citizen of any defendant

If there’s no diversity jurisdiction

File it in state court

The citizenship of a permanent resident (green card holder) for diversity purposes

They are not a citizen of any state

Citizenship of a natural person

Their domicile (only one)

Domicile

Where someone has a physical presence with the intent to remain indefinitely

How to change domicile

Physical presence in the new place with intent to remain indefinitely

Domiciliary of a person in DC or territory

Treat DC or the territory as a state

Citizenship of a corporation

They’re a citizen of any state/country where it’s incorporated and the one place where it’s principal pace of business is located

Principle Place of Business

Where the corporation’s managers direct, coordinate, and control the business (look to the nerve center test)

Citizenship of an unincorporated association (patnerships, LLCs, etc.)

Takes on the citizenship of all members

Citizenship of decedents, minors, or incompetents

A representative takes on the citizenship of the person they’re representing. The representative’s domicile is irrelevant

Citizenship of class actions

Citizenship of the named representative

Amount in controversy

For diversity jurisdiction, the amount the plaintiff is (in good faith) looking for must exceed $75k. Doesn’t matter what the jury decides at the end

Aggregating claims

Adding two or more claims together. A single plaintiff can aggregate all claims against a single defendant. Multiple plaintiffs cannot aggregate. A single plaintiff can aggregate against multiple defenants

Equitable relief

A type of court-ordered remedy that requires a party to do something or stop doing something, instead of paying money. Injunction, specific performance, etc. When money alone won’t fix the harm

Two tests to determine whether the Plaintiff meets the amount in controversy requirement

Plaintiff viewpoint (are they looking for more than $75k?), Defendant’s viewpoint (will relief cost the defendant more than $75k?)

Exclusions from diversity SMJ

Federal courts won’t hear actions for divorce, alimony, child custody, and probate cases (also called excluded cases)

Collusive creation of diversity

If a party attempts to create diversity jurisdiction with the intent to collect on a claim, the court will ignore the assignment, and diversity will not exist. This has to be obvious. A genuine change of citizenship before an action commenced creates diversity.

Federal question jurisdiciton

Plaintiff’s claim must arise under federal law. Determined by a well-pleaded complaint. Citizenship and the amount in controversy are irrelevant

Well-pleaded complaint rule

A federal question must arise under federal law. Plaintiff must be enforcing a federal right. Cannot be used to anticipate defenses

Removal

Allows a defendant to get a case into federal court if it could have been filed there in the first place. Courts will remand if removal is improper

Remand

Sending the case back to state court

Standard for removal

A case filed in state court could have been brought in federal court (diversity or FQJ is met). Even if the state court has no jurisdiction, the defendant can still remove

How to remove

Defendant files a notice of removal in federal court stating the grounds for removal. The court’s permission is not required. Serve on adverse parties. File in state court and promptly file a copy of the notice in state court

Timing of removal

30 days after service of the paper showing the case is removable. Usually service of process

Necessary parties for removal

All defendants served with process. Earlier-served defendants may join later-served defendant’s removal even if the 30-day period has expired

Plaintiff removal

Plaintiffs can never remove, even if there’s a counterclaim against the palintiff

What cases can’t be removed

Cases satisfying SMJ or on Diversity (two limitations: a case can’t be removed if any defendant is a citizen of the forum state, and no case can be removed more than one year after the case was filed in state court)

Two limitations on removal for diversity

The in-state defendant rule and the one-year limitation

The in-state defendant rule

Removal for diversity can’t happen if any defendant is a citizen of the forum state

Removal one-year limitiation

Removal for diversity purposes must be done within one year of when the case was first filed, unless the plaintiff acted in bad faith to prevent removal

Removal venue

A case is removed to the federal court in the district covering that geographic area where the state case was filed

Remanding timeline

Within 30 days of the defect if it’s something other than lack of SMJ. Lack of SMJ can never be waived

Supplemental jurisdiction

Allows a federal court to hear additional state-law claims that are related to a case already in federal court, even if the court wouldn’t have independent jurisdiction over the claim

Requirements for supplemental jurisdiction

The court must have jurisdiction over one claim. The supplemental claim must be closely related to the main claim (same case or controversy). And no exception applies

Exceptions to supplemental jurisdiction

in diversity cases ONLY, plaintiffs can’t use supplemental jurisdiction to: Add a new claim against someone from the same state as them, add a claim that would break diversity, or add a claim that violates the amount in controversy requirement

Erie Doctrine

A federal court sitting in diversity must apply federal procedural law and state substantive law

Substantive law under Erie

Anything that affects the rights and duties of the parties (statute of limitations, rules about damages, burden of proof, elements of a claim or defense)

Procedural law under Erie

How the case runs in court (rules of evidence, pleading standards, discovery rules, jury instructions)

Venue

Determining what court to bring the case in

Two venue options

Residential venue (any district where all defendants reside) or transactional venue (where a substantial part of the claim arose or substantial part of the property is located.

Residential Venue

Venue is proper in the district where any defendant resides (if all defendants live int eh same state) (Ex. D1 is from North Florida, D2 is from South Florida. Either in FL district court is proper)

Transactional Venue

Venue is proper where a substantial part of the claim arose or a substantial part of the property is located

When venue applies

When the case is initially filed in federal court

When venue doesn’t apply

When the case was removed. Only worry about venue when the case was initially filed in federal court

Plaintiff’s residence requirement for venue

Doesn’t matter

Venue when the defendant is outside the US

Any US federal district court

Where a person resides for venue

Their domicile

Where a business resides for venue

Any judicial district in which the defendant is subject to the court’s personal jurisdiction with respect to the action in question

Transfer of venue

Takes a case from one trial court to another in the same judicial system (fed to fed. Not fed to state)

Transferor

The original court

Transferee

The court where the case is sent

Two transfer statutes

Transfer from a proper court (based on convenience of the parties and witnesses) or the original venue is improper (transfer in the interest of justice or dismiss)

Transferring from a proper venue

Can happen based on the convenience of the parties and the witnesses. The burden is on the party seeking the transfer. Consider the public and private factors

Public factors for transferring from a proper venue

What law applies, what community should be burdened with jury service, the desire to keep the controversy local

Private factors from transferring from a proper venue

Convenience for the parties and witnesses, where the evidence is, where the parties are, etc.

Transferring from an improper venue

The court will either transfer in the interest of justice or dismiss the case. When a diversity case is transferred, the transferee uses its own laws

Forum non coneniens

When another court is the center of gravity of the case and is more convenient but the court is in another system. Transfer is impossible so the court will either stay the case or dismiss. The plaintiff must file a separate case

After a court grants a forum non conveniens motion

It imposes conditions on the defendant (like waiving PJ or service). Plaintiff must start a separate cause of action

Factors for considering forum non conveniens

The public and private factors as well as whether the forum is adequate (whether the plaintiff can get a remedy)

Pleadings

Formal written documents where the parties state their claims and defenses (complaint, answer, reply)

First step in pleadings

File the complaint containing a statement of grounds of SMJ, a short and plain statement showing the plaintiff is entitled to relief, and the demand for relief sought

Complaint

The document that starts a civil lawsuit. Must include a statement of the court’s jurisdiction, facts showing the plaintiff is entitled to relief, and a demand for relief. It must give the defendant notice of the claims and grounds for them.

Special pleading requirements

Some pleadings require more detail (particularity and specificity). Look to fraud, mistake, or special damages cases

Defendant’s response to the complaint

Requires a response either by motion or by answer and must be done no later than 21 days after being served (unless Defendant has waived service, then it’s 60 days when Plaintiff mailed the form)

Two ways a defendant to respond to a complaint

By motion or by answer

Deadline for Defendant to respond to a complaint

21 days after being served or 60 days from when Plaintiff mailed the form is service was waived

Motions

Requests for a court order (not a pleading)