| Personal Jurisdiction | Joinder | Applying Minimum Contacts | General Jurisdiction/Notice | Venue |
|---|---|---|---|---|
|
In personam (the court has power over defendant themselves)
In rem (the court has power over defendant's property) Quasi-in-rem (the court has power over defendant's property)
What are the 3 types of personal jurisdiction?
|
permits multiple plaintiffs to join together if their claims
oArise from the same transaction or occurrence oRaise at least one common question
What is Rule 20(a)(1)
|
Long-arm provisions
what are the provisions that permits courts to reach into another state so that the court can exercise jurisdiction over a nonresident?
|
A court may assert jurisdiction over a foreign corporation "to hear any and all claims against it" only when the corporation's affiliations with the state in which suit is brought are so constant and pervasive "as to render it essentially at home in the forum State."
(Daimler)
Can a court assert general jurisdiction over a corporation if the corporation’s affiliations with the forum state are not so continuous and systematic as to render the corporation at home in the state?
|
9.
- The convenience of witnesses -The location of relevant documents and the relative ease of access to sources of proof -The convenience of the parties -The locus of the operative facts -The availability of process to compel attendance of unwilling witnesses - The relative means of the parties -A forum's familiarity with the governing law - The weight accorded a plaintiff's choice of forum -Trial efficiency and the interests of justice based on the totality of the circumstances
How many considerations are there to determine whether a transfer is "in the interest of justice"?
|
|
General in personam
What is it when defendant could have such significant contacts with forum state that plaintiff could sue defendant even for a claim unrelated to defendant’s contact?
|
Rule 18(a)(1): there are no limits on claim joinder
•Claimant may assert “any” claims she has against the defendant in a single case •The claims need not be related legally or factually
What are the limits to claim joinder?
|
o Served with process in the forum state (presence) (PENNOYER)
o Agent served in the forum state o Defendant is domiciled in the forum state, always can be sued here (general jurisdiction) o Consent to personal jurisdiction
what are the 4 traditional ways to get personal jurisdiction?
|
YES, through transient jurisdiction. "tag-you're-it"
(Burnham)
May a non-resident party be properly served with process while temporarily visiting a state for purposes unrelated to the suit?
|
Forum non conveniens
What is it when a court acknowledges that another forum or court where a court might have been brought is a more appropriate venue for a legal case?
|
|
YES! (Pennoyer)
For specific in personam to happen, does the plaintiff's claims have to relate to the defendant's contact with the forum?
|
Step 1: Counterclaim (rule 13(a) or (b)) or Crossclaim (13(g))
Step 2: Subject matter jurisdiction analysis •Defendant is going to defend case, can actually sue somebody and assert claims
How can a defendant add a claim?
|
Fairness Factors (only applied in Specific Jurisdiction)
Burden on defendant to show grave/severe inconvenience, relative wealth is not that big of a deal (BURGER KING) Forum state interest Plaintiff’s interest Legal system’s interest in efficiency (witness/evidence all in one place) Shared substantive policies of the states
What are the factors that WorldWide Volkswagon introduced?
|
Forum-selection clauses are admissible unless the party opposing it meets a “heavy burden of proof” in opposing it: (1) extreme inconvenience, (2) bad faith, (3) fraud or overreaching (4) no notice
(Carnival Cruise)
Is enforcement of a forum selection clause against a party who had no opportunity to negotiate the clause fundamentally unfair?
|
You can only apply this section if (b)(1) AND (b)(2) don't apply.
when can you apply 28 U.S.C. §1391(b)(3)?
(Venue in General) |
|
“due process requires only that in order to subject a defendant to judgment in personam, he has to have certain minimum contacts with it such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice.”
Two pronged test: (1) quality & nature of the activity (2) systematic & continuous activities
Within the limitations of the Due Process clause of the 14th amendment, does a company, by its activities in a foreign state, rendered itself amendable to the proceedings in the court of?
|
•Compulsory CC Rule 13(a)(1): Arises from same transaction/occurrence as plaintiff claims. You must assert it in case or else you waive the claim
•Permissive CC Rule 13(b): One that does not arise from same transaction/occurrence as plaintiff’s claim. MAY assert in case or sue in a separate case
What are the two kinds of counterclaims?
|
No, for specific jurisdiction, claims must arise out of or related to the defendant’s forum contact
(Bristol-Myers Squibb)
If the defendant’s conduct giving rise to the claim and the plaintiff’s injury both occur outside of the state, can the court likely cannot assert specific jurisdiction?
|
TRUE. However, known parties have to be individually served because the burden is low and the court wants to allow adequate notice so they can represent themselves in litigation process if so desired
(Mullane)
TRUE or FALSE? Unknown parties can be served via publication
|
28 USC § 1404(a) Change of Venue
what permits a court in which venue is proper to transfer it to another federal district court "for the convenience of parties and witnesses, in the interest of justice"?
|
|
Personal jurisdiction is okay if defendant has minimum contacts in the forum.
Two requirements: contacts and fairness
What is the supplemental test that International Shoe added to Pennoyer?
|
4 inquiries to determine if Counter Claim is compulsory
• Are issues of fact and law raised in the claim and CC largely the same? • Would res judicata (“a matter decided”) bar a subsequent suit on the party’s CC, absent the compulsory CC rule? • Will substantially the same evidence support/refute claim as well as CC? • Is there any logical relationship between the claim and CC?
What is the "Same Evidence Test" that Painter v. Harvey introduced?
|
Defendants who deliberately create or serve a market for a product in a state will be subject to personal jurisdiction if the product injures someone in that state.
(Ford Motor)
Can a court exercise personal jurisdiction over a foreign defendant in a lawsuit relating to the defendant’s contacts with the forum state?
|
1) In General. Serving a summons or filing a waiver of service establishes personal jurisdiction over a defendant:
(A) who is subject to the jurisdiction of a court of general jurisdiction in the state where the district court is located;
What is Rule4(k)(1)(A)?
|
Change in substantive law should NOT be a factor in determining if venue change is proper for either a plaintiff or a defendant; the central focus is inconvenience & courts want to stay flexible in their determinations on dismissals
(Piper Aircraft)
May Plaintiff’s defeat a motion to dismiss on the grounds of forum non conveniens by showing that the substantive law that would be applied in the alternative forum is less favorable to he plaintiff’s than the present forum?
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