Civil Procedure

Three types of subject matter jurisdiction

1. federal question jurisdiction

2. diversity jurisdiction

3. supplemental jurisdiction

Federal Question jurisdiction

If a claim arises under: a) Federal Law; b) U.S. Constitution; OR c) U.S. Treaty.

Federal question MUST be present on the face of a well pled complaint.

Raising a defense under federal law is NOT sufficient.

Diversity Jurisdiction

REQUIRES

1) Complete diversity of citizenship at the time the action is commenced (No P can be from the same state as any D); AND

2)Amount in controversy exceeds $75,000.

Based on damages alleged in good faith in the Complaint, UNLESS it’s legally certain that the P cannot recover the specified amount.

May aggregate claims against one D (or against multiple Ds if they are jointly and severally liable).

Supplemental jurisdiction

If a claim arises from a common nucleus of operative fact (same transaction or occurrence) as other claims the Federal court has SMJ over.

CANNOT be done if it would eliminate complete diversity

When Supplemental jurisdiction may be declined

Claim raises a novel or complex issue of State law;

b) Claim substantially predominates over other claims having SMJ;

) Court dismissed all claims having federal SMJ; OR

d) Exceptional circumstances

Citizenship

■ Natural Person → (1) Residence, and (2) Subjective intent to make permanent home.

■ Corporation → Principal place of business + Any state incorporated.

■ Unincorporated Association → State of every partner, member, or owner.

Personal Jurisdiction

Personal jurisdiction refers to the court’s authority over a defendant and may be established by a state's long arm statute that sets out the standard for personal jurisdiction. A court has personal jurisdiction over a defendant where there is residency, consent, service within the forum, or minimum contacts such that the defendant has purposefully availed themselves of the forum, the claim arises out of those contacts, and the exercise of jurisdiction would not offend traditional notions of fair play and substantial justice.

Removal from State Court to Federal Court

D may remove a case to Federal Court if:

1) Federal court has SMJ;

2) All Ds agree;

3) No D is a resident of forum state (if removal based on diversity); AND

4) Removal is sought within 30-days.

P CANNOT remove a case to Federal Court.

Summons & Complaint MUST be served within 90-days of filing.

TRUE

Venue

Venue determines which federal judicial district is the proper location for the lawsuit. Venue is proper in a district (1) where any defendant resides if all defendants reside in the same state, (2) where a substantial part of the events giving rise to the claim occurred, or (3)  where any defendant is subject to personal jurisdiction

Transfer of venue

A federal court may transfer venue to another district where the case could have been brought for the convenience of parties and witnesses and in the interest of justice.

Improper venue

a) Dismiss the case; OR

b) Transfer case to a proper court if interests of justice require it.

Erie Doctrine

State Law In Federal court( diversity jurisdiction)

Must apply

■ Federal Procedural Law; AND

■ State Substantive Law.

State Substantive Law vs. Federal Procedural Law

1. Substantive Law

   1. Elements of a Claim / Defense

   2. Preclusion Law

   3. Conflict or Choice of Law Rules

   4. Statute of Frauds

   5. Burden of Proof (on State-Law Issues)

   6. Irrebuttable Presumptions

   7. Statute of Limitations & Tolling Rules

2. Procedural Law

   1. Civil Procedure Rules

   2. rebuttable presumptions

Comaplint

requires a complaint to contain the grounds for subject-matter jurisdiction, a statement sufficient to show the plaintiff is entitled to relief, and a demand for judgment and relief sought

Waived defenses if not in D first response

These defenses are deemed waived if NOT in D’s first response:

■ Lack of PJ

■ Improper Venue

■ Insufficient Process

■ Insufficient Service of Process

Compulsory Counterclaim

A claim that: 1) Arises from same transaction or occurrence; AND 2) Does not require adding another party out of the court’s jurisdiction. MUST be stated in party’s pleading or it’s barred in future litigation.

Cross claim

Claim against a co-party, BUT allowed only if it arises out of the same transaction or occurrence.

Relation Back doctrine

If a Complaint is amended to add:

■ New Claim → Relates back to original filing if it arises out of same transaction or occurrence.

■ New Defendant → Relates back if: 1) Same transaction or occurrence; 2) New party received notice of original action within 90 days of filing; AND 3) New party knew (or should have known) that action would’ve been brought but for a mistake in identity.

Procedure for sanctions

Before filing rule 11 sanction motion, a party must

1) Serve motion upon offending party; AND 2) Give opponent 21 days to withdraw or correct the paper/pleading.

Permissive Joinder vs Required Joinder

1. Permissive joinder

   1. Multiple Ps or Ds MAY be joined in 1 action if: Claim arises out of same transaction or occurrence; Common question of law or fact exists; AND Each claim has SMJ.

2. required joinder

   1. Necessary Party;

      a) Court cannot grant complete relief without the party; b) Absent party claims an interest that would be impaired or impeded; OR c) A party’s absence creates a substantial risk of multiple liability or inconsistent obligations.

   2. AND Joinder is Feasible ( wont mess up SMJ and court has PJ).

Initial disclosures

1) Contact info of individuals likely to have discoverable info & info they possess (if used to support party's claims/defenses); 2) Copy or description of all items it may use to support its claims/defenses (unless solely for impeachment); 3) Computation of each damages category; AND 4) Applicable insurance agreements.

What can be discovered

Information that is 1) Relevant; AND 2) Proportional

Attendance at pretrial conference is mandatory

true

Summary Judgment

Court will grant if: 1) No genuine issue of material fact; AND 2) Movant entitled to judgment as a matter of law. Court MUST view evidence in a light most favorable to non-moving party.

can be raised up to 30 days after close of discovery

Judgment as a matter of law (JMOL)

Can be brought anytime before case is submitted to jury
Non-moving party has been fully heard during a jury trial; AND 2) No legally sufficient basis for reasonable jury to rule in favor of non-moving party.

Claim preclusion vs issue preclusion

1. claim preclusion

   CANNOT relitigate a claim if: 1) Identical parties (or privity); 2) Prior judgment by a court of competent jurisdiction; 3) Final judgment on merits; AND 4) Same claim was involved in both actions (arises out of same transaction or occurrence).

2. issue preclusion

   1) Valid & final judgment rendered in first action; 2) Identical issue decided in prior action; 3) Issue was litigated, determined, & essential; AND 4) Party had a full & fair opportunity to litigate issue.

Final Judgement

It ends litigation on the merits (ALL claims resolved); AND 2) Leaves nothing, but to execute the judgment.

Filing — Appeal MUST be filed within 30 days after entry of judgment.

Collateral order doctrine

1) Interlocutory order conclusively determines a disputed question; 2) Resolves an important issue that’s separate from the merits of the action; AND 3) Is effectively unreviewable on appeal from a final judgment.

Class action elements and jurisdiction

1. Numerosity — Class so numerus that joinder is impracticable; 2) Commonality — Common questions of law/fact; 3) Typicality — Claims/ Defenses are typical of the class; AND 4) Adequacy of Representation — Parties/ Counsel will fairly & adequately protect interests of the class.

2. In class actions where the class contains over 100 persons and the amount in controversy exceeds $5,000,000, diversity need only be “minimal,” meaning that federal jurisdiction exists if any single member of the class is diverse from any single defendant.

The SOL must be raised in the defendant’s first answer

true