Civil Procedure

What are the primary types of subject matter jurisdiction in federal court?

Federal Question jurisdiction; Diversity of Citizenship jurisdiction; or Supplemental jurisdiction (State courts have unlimited jurisdiction. Federal court has limited jurisdiction)

What are the two requirements of subject matter jurisdiction based on diversity?

(1) all plaintiffs must have different citizenship from all defendants and (2) amount in controversy must exceed $75,000

How is the amount in controversy determined for purposes of diversity jurisdiction?

The amount is determined by the plaintiff’s good faith allegation in the complaint that damages exceed $75,000, excluding interests, costs, and potential counterclaims

When may claims be aggregated to reach the amount in controversy for diversity jurisdiction?

A single plaintiff against single defendant, even if claims arise out of different transactions OR multiple plaintiff’s claims arising out of the S T/O against a single defendant if the claims are seeking to enforce a single title or right in which they have a common undivided interest. A single plaintiff against multiple defendants only if the defendants are jointly liable.

How is an individual person’s citizenship determined for diversity jurisdiction?

the individual’s domicile when the suit is filed

How is a corporation’s citizenship determined for diversity jurisdiction?

(1) the corporation’s principal place of business, and (2) the state of incorporation. If the entity is unincorporated then where every member is domiciled for diversity purposes.

How is an alien’s citizenship determined for diversity jurisdiction?

alien has permanent resident status, and is considered a citizen of the state of their permanent residence.

What is required to establish subject matter jurisdiction based on federal question?

The claim must arise under federal law. The issue involves the construction of the Constitution, federal laws, or treaties. A state law claim that requires the court to resolve a federal issue may also establish FQ jurisdiction.

What is the pleading requirement for subject matter jurisdiction based on a federal question?

Complaint must allege specific facts to support jurisdiction based on a federal question. Jurisdiction cannot exist if the issue is based only on an anticipated defense, D’s answer, or a counterclaim

Define supplemental jurisdiction

allows a federal court to hear a claim that would fall outside of its original jurisdiction, if the claim arises out of the same common nucleus of operative fact as the claim with original jurisdiction

May a federal court sitting in diversity exercise supplemental jurisdiction over non-federal claims against non-diverse parties?

A plaintiff may not use supplemental jurisdiction to bring non-federal claims against non-diverse parties. Defendants may use supplemental jurisdiction to bring additional claims against non-diverse parties.

When may a defendant remove a case from state to federal court?

A defendant can remove a case to federal court if the case could have been originally brought in federal court. A plaintiff cannot remove a case.

What are the timing requirements for removing a case to federal court?

Defendant has 30 days to file a notice of removal after they receive the initial summons or pleadings that sets forth the claim they seek to remove.

Requirements for personal jurisdiction

Statutory and constitutional requirements

What are the statutory requirements for PJ

1. present in the forum state at time of service

2. domiciled in forum state

3. express or implied consent to jurisdiction

4. long arm or other statute

What are the constitutional requirements to PJ

there must be sufficient minimum contacts so that the exercise of personal jurisdiction is fair

What are the three factors courts look to for constitutional PJ

contacts, relatedness, and fairness

What are sufficient contacts for Constitutional PJ

P must show that D PURPOSEFULLY AVAILED himself to forum state laws AND KNEW OR REASONABLY SHOULD HAVE ANTICIPATED being haled into court

What is relatedness for Constitutional PJ

Specific Jurisdiction: if claim is related to Ds contact with forum state then jurisdiction is fair and reasonable

General Jurisdiction: if claim is unrelated to D’s contact, court must have general jurisdiction, which requires D to be at home in the jurisdiction

What are the Fairness factors for Constitutional PJ

whether forum so gravely difficult and inconvenient that D would be put at severe disadvantage, forum state’s legitimate interest, plaintiff’s interest, interstate judicial system’s interest in efficiency, shared interest of the states in furthering social policies

Proper place for removal of a case

removal is to the federal district court whose territory encompasses the state court

Who can remove cases

only defendants can remove and if more than one defendant all must generally join in the removal

removal and case based on diversity

if a case is based on diversity it cannot be removed if any defendant is a citizen of the forum state

When do you have to file for removal of a case

must be filed within 30 days of the date defendant receives a copy of the initial pleading

what happens if the case becomes removable after the 30 days from initial pleading

Defendant can still remove the case within 30 days of the date that it becomes removable, such as a nondiverse defendant being dismissed. BUT cannot remove more than 1 year after it was brought in state court for diversity cases

When can the one year rule for removal be disregarded

if the plaintiff has acted in bad faith to defeat removal

Timing of pre-answer motions - Subject matter jurisdiction

any time even on appeal

Timing of pre-answer motions - Waivable

personal jurisdiction, venue, process, and service of process are waived if not raised in Rule 12 motion or answer, whichever is first

Timing of pre-answer motions - failure to state a claim and join an indispensable party

may be raised at any time before trial or at trial

when is the absentee necessary for compulsory joinder

when complete relief can’t be accorded among those already parties or when absentee claims to have an interest in the subject matter and disposition of the action may impair or impede his ability to protect that interest or leave present parties at a substantial risk for inconsistent or double liability

What happens after you decide that the absentee is necessary

ask whether the absentee can be joined. Is the absentee subject to service of process. If yes then join the party. If no then ask can the action proceed in equity and good conscience without the absentee.

What happens when you ask can the action proceed in equity and in good conscience without absentee in a compulsory joinder case

Look at the prejudice to the absentee and the parties, adequacy of judgement, ability to shape relief to avoid prejudice, and availability of alternatives. If no in good conscience then dismiss the action. and the absent party is labeled indispensable. If you can in good conscience then proceed with the case

Four requirements for class action (plus 1 later)

1. numerous class

2. common questions

3. typicality

4. fair and adequate representation

What are the additional (plus 1 requirements for class action)

you only need one of these plus the four requirements to proceed

1. risk of inconsistent results

2. injunctive or declaratory relief appropriate

3. common questions predominate and a class action is superior to alternative methods of adjudication

List the procedural devices that may terminate a case

1. pre-answer motion

2. voluntary dismissal

3. involuntary dismissal

4. motion for judgement on the pleadings

5. summary judgement

6. judgment on partial findings

7. motion for judgment as a matter of law

8. renewed motion for judgment as a matter for law

Rule 12(b) pre-answer motions circumstances

addresses defects in subject matter jurisdiction, personal jurisdiction, venue, process, service of process, failure to state a claim, failure to join needed party

Rule 12(b) pre-answer motions timing

21 days after service of complaint or 60 days if service of process waived. Add 30 days if outside of US

Rule 41(a) voluntary dismissal circumstances

can without prejudice once as a matter of right; also possible by stipulation of court order

Rule 41(a) voluntary dismissal timing

file a notice of dismissal if dismissed as a matter of right without prejudice MUST be done before D files answer or motion for summary judgment

Rule 41(b) involuntary dismissal circumstances and timing

plaintiff fails to prosecute the case or comply with the Rules or a court order. Defendant can file this at anytime

Voluntary dismissal Rule 41(a)(2) Circumstances

an action may be dismissed at the plaintiff's request only by court order, on terms that the court considers proper. If a defendant has pleaded a counterclaim before being served with the plaintiff's motion to dismiss, the action may be dismissed over the defendant's objection only if the counterclaim can remain pending for independent adjudication.

Rule 12c motion for judgment on the pleadings circumstances

on the face of the pleadings (without considering matters outside pleadings), the moving party is entitled to judgment. Treated as a motion for summary judgment if accompanied by outside matters such as affidavits. The party may have misfiled this and court will treat as SJ

Timing for a motion for judgment on the pleadings

after the pleadings are closed, but not so late as to delay trial

Rule 56 Summary Judgment circumstances

no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law. May support by pleadings, affidavits, discovery materials

when can you bring a R56 motion for summary judgment

unless local rule or court orders dictates otherwise, party may file this at any time until 30 days after the close of discovery. If motion is premature, the court may defer ruling on it

Rule 52 Judgment on partial findings circumstances

in a nonjury trial, the judge may enter a judgment as a matter of law if he makes dispositive partial findings on the claim

Rule 52 judgment on partial findings timing

during trial, once the judge has heard sufficient evidence to make dispositive findings and all parties have been fully heard on the issue

motion for JMOL Rule 50(a) circumstances

evidence is viewed in the light most favorable to the nonmoving party. Standard is that no reasonable jury could find a sufficient legal basis to find for the nonmoving party. Reasonable minds could not differ.

Timing for bringing a rule 50(a) JMOL

during trial, after the opponent has presented case but before the case is submitted to the jury

Rule 50(b) Renewed motion for JMOL circumstances

the verdict returned could not have been reached by a reasonable person. moving party must have previously sought JMOL sometime during trial for the same issue as R JMOL.

timing to bring a R JMOL rule 50(b)

can bring after the jury returns verdict and within 28 days after entry of judgment

14 days

1. expiration of TRO

2. time to file jury demand after last pleading directed to the jury triable issue is served

3. time to appeal class action certification or denial

21 days

1. time after service of complaint to answer the complaint or file R12 motion,

2. time to amend pleading once, as matter of law, after service or after responsive pleading or motion is served

3. time to withdraw pleading after a rule 11 motion is served

28 days

1. time after judgment to file R JMOL

2. time after judgment to file for a new trial

30 days

1. time for initial removal

2. time for remand

3. time to return request to waive service of process (add 30 for outside US)

4. time for appeals

60 days

time to answer complaint or fille 12(b) motion if D waived service of process (add 30 days if outside US)

90 days

general time limit for service of process

1 year

outer time limit for removal based on diversity if filed in state court

Some states allow what for general personal jurisdiction under statutory limitations

some states allow for general personal jurisdiction over a defendant that has registered to do business in that state

Complete diversity constitutes

1. every D must be diverse citizenship from each P

2. must have complete diversity when action commenced

3. alienage jdx = citizen of US state and foreign citizen

4. Remember to determine citizenship

unincorporated businesses citizenship

every state citizenship of its members

what is supplemental jurisdiction

the claim must arise from a common nucleus of operative fact as the original jurisdiction claim such that the claims should be tried together. Same transaction or occurrence test satisfies this

exception for P to bring a supplemental claim

only when a co-plaintiff in a diversity action is below the limit claim and complete diversity remains

Addition of parties and claims

1. intervention of right if no supplemental jdx

2. impleader = supplemental jdx as to claim of D v. Third party D; claim of P v. Third party D must have original jurisdiction in diversity case

3. cross-claims = supplemental jurisdiction can’t be asserted by plaintiff

aggregation

one plaintiff may aggregate claims against a single defendant. Can’t aggregate separate claims against multiple defendants. One plaintiff may sue several defendants on joint liability claim if it exceeds 75k, several plaintiffs may aggregate claims against one defendant if seeking to enforce a single title or right

Counter =claims

1. compulsory may use supplemental jurisdiction

2. permissive needs to have original jurisdiction

3. citizenship is not an issue, if diversity exits between P v. D, it exists between D v. P

Exceptions to diversity citizenship (not allowed in Fed court)

probate, divorce, alimony, child custody cases