PJ
Purposeful availment case
Hansen
What case did the nerve center test originate from
Bonus: What is it?
Hertz
Bonus: the state where most high level corporate decisions for a company are made is its PPB.
Work product doctrine case, explain it.
What sharp practices can this doctrine help prevent.
Hickman v. Taylor
Parties documents or tangible things preapred in anticipation of litigation for or by an agent cannot be discovered (say for exceptional circumstances)
Sharp Practices = without WP lawyers would cut corners in order for their stuff not be be discovered
Notice sufficiency test (Say the case and rule)
Conley
must give the defendant idea of what they are being sued over, sufficient to craft a defense/answer
Case that creates 5 factors to determine when offensive issue preclusion is chill
What are the factors?
Parklane
1. Ability to join previous suit
2. Consistency of rulings
3. Procedural opportunities available to parties
4. Foreseeability of this suit
Minimum contacts case
Shoe
Domicile and Amount in controversy case.
Bonus: Where is good 'ol Murph domiciled? Why?
Mas v. Perry
Murphy is domiciled in Texas when you weigh all of the factors
Case that says when discovery sanctions are chill
When are they chill??????
Washington State
Updated the Conley approach for legal sufficiency (say case and the new rule)
BONUS: What was the old standard
Twombly Standard
Plaintiff must allege facts to state a plausible claim for relief (no more legal conclusions :( )
Bonus: The no set of facts standard (possible not plausible)
Case that said you can try a case in federal court if you have a federal supplemental jurisdiction and a state law claim. (supplemental jurisdiction)
Under what circumstances is this ok
Gibbs
When there is a common nucleus of operative fact with the federal claim (1367(a))
Plaintiff's harm must have occurred in the forum state
Bristol-Myers
What is the well pleaded complaint rule
where does it come from
Bonus: does citizenship matter for FQJ?
Motley
Claim must arise under federal law and be sufficient
(cannot anticipate defenses)
Bonus: nah
Case with factors to consider when determining whether someone is a hired expert
Name them too
Bonus: when are each type of expert (trial, hired, or non-hired) discoverable
Ager
1. Manner of interaction
2. Nature of/type of information provided
3. Duration/intensity of consultation
4. Terms of consultation (was he paid)
Service of Process/Due Process test
Mullane Standard
Service must be reasonably calculated to notify a party of the action to afford them a reasonably opportunity to respond
Cost sharing case
What are they?
Zubalake
The extent to which the request is specifically tailored to discover relevant info
The availability of such information from other sources
the total cost of production comparted to amount in controversy
the total cost of production compared to the resources available to each party
the relative ability of each party to control costs and its incentive to do so
The importance of the issues at stake in the litigation
The relative benefits to the parties obtaining the information
Case that split up "arising out of" and "relating to"
What do they mean now?
Ford
Arising = Direct causal relationship (for when defendants has few contacts in the forum state)
Relation = Systemic contact with forum state (Plaintiff's claim can relate to these contacts)
Test for when a federal law claim is embedded on a state-law claim
(When federal court has jurisdiction over a federal law claim)
1. Necessarily disputed
2. Actually disputed
3. Substantial
4. Capable of resolution without disrupting balance of power
Case that talks about compulsory counterclaims, even if the og case ended in a settlement
what are those? What rule does that come from?
Dindo v. Whitney
Claims a defendant must bring up in the first suit, or else they lose them later.
Foman Factors (name the case and the most important ones)
Foman
Futility
Undue Prejudice
bad faith
undue delay
repeated failure to fix issues
Is a federal law in controversy here case?
What are the factors?
Necessary to resolve state law claim?
Actually Disputed?
Substantial to the system as a whole not just to one case.
Able to be resolved without disrupting state/federal court power balance
Created the arise out of or related to test
WWV
Stream of commerce case and rules
Asahi
Brennan Rule: basically always liable
O'Connor Rule: only liable if they also targeted the forum state
Case that outlines the rules for impleader.
If you don't know the case just restate teh rules for impleader for half-credit
(hint: you probably don't know it and its not very important)
Bonus: what is the difference between contribution and indemnification
Markvicka v. Brodhead-Garret Co.
A case may be impleaded so long as the other party “is or maybe liable” for the thing that the defendant is accused of
Bonus: Contribution = shifts fault proportionately
Indemnification = Shifts all fault
What are are two big Erie cases? What rules did they create?
Erie = Federal court with jurisdiction based on DOC must apply substantial state law, statutory and common law.
Hanna = Federal procedural rules may be used in DOC cases, unless federal procedural rules are silent on an issue
Name at least 3 PJ cases in order and say how they matter
1.Pennoyer
2. Shoe
3. Hansen
4. WWV
5. Calder
6. Burger king
7. Walden
8. Ford