SMJ and Venue
The domicile of individuals is measured based on the indefinite intent test, which takes into account these two factors.
Last place of physical residence
Intent to remain indefinitely measured at the time of filing
What rule governs complaints and answers?
Rule 8
This landmark case established the "minimum contacts" test for personal jurisdiction
International Shoe
This rule allows a plaintiff to join as many claims as they have against an opposing party, even if unrelated
Rule 18
This rule governs the general scope of discovery in federal court
Rule 26(b)(1)
Venue is proper in a judicial district in which any defendant resides, if all defendants are resident of the state in which the district is located
A judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated
Any judicial district in which any defendant is subject to the court’s personal jurisdiction with respect to such action
What is the Twombly-Iqbal standard for pleadings?
Plausible pleading. Ignore factual conclusions and assess if the facts give rise to a plausible claim
Name one of the five fairness factors considered under the minimum contacts test
Burden on defendant, forum state's interest, plaintiff's interest, interstate judicial system's interest, shared interest of states
Under Rule 14, this type of joinder allows a defending party to bring in a non-party who may be liable for all or part of the claim against them
Impleader
Discovery is limited to non-privileged matters that are relevant to a claim or defense and also this ...
Proportional to the needs of the case
Private interests: Plaintiffs choice of forum,
Def choice of forum, Whether the claim arose elsewhere, Convenience of the parties, Convenience of the witnesses, Ease of access to sources of proof, Third party claims in the private interest category because they map into other practical problems category
Public interests: Transferees familiarity with the governing laws, Relative congestion of the calendars of the potential transferred and transferor courts, Local interest in deciding local controversies at home
These types of claim must be stated with particularity under Rule 9(b)
Fraud or mistake
What are the three considerations when looking at if the court has specific jurisdiction over a defendant?
Contacts
Relatedness
Fair play and substantial justice
This type of joinder lets a nonparty intervene in a case to protect their interests, either as of right or permissively
Intervention
This document must be provided automatically at the start of discovery and includes things like witness names and relevant documents
Initial disclosures
When can a plaintiff aggregate claims to meet the amount in controversy requirement for diversity jurisdiction?
One plaintiff can aggregate claims against one defendant. One plaintiff can aggregate claims against multiple defendants if there is joint liability.
What defense can be asserted at any time for the first time, including during appeal?
Rule 12(b)(1): lack of SMJ
Describe the stream of commerce issue and how it relates to purposeful availment
Brennan versus O'Connor: foreseeability withoout an intent to target the forum state is not enough; foreseebility that the product will end up in the forum state is enough, reap the benefits, subject to the detriments
What are two of the tests employed to see if a claim arises out of the same transaction or occurrence?
Are there issues of fact and law raised in the claim and the counterclaim largely the same?
Would res judicata bar a subsequent suit on the party’s counterclaim absent the compulsory counterclaim rule?
Work product protection may be overcome if the materials are otherwise discoverable and the party shows these two things
Substantial need
Undue hardship
There is a three car accident in Toronto, Canada, involving P, a Missouri resident, D1, a Montana resident, and D2, an Oregon resident. P sues D1 and D2 in the federal district of MI based on diversity jurisdiction. Where is the venue proper?
Since it occurred in Canada, subsections (1) and (2) don’t apply
Look to fallback in (3), so the venue is proper in either District of MI, where D1 is subject to PJ, or the District of OR, where D2 is subject to personal jurisdiction.
This requires parties to consolidate all their available defenses and objections into a single motion before filing an answer to a complaint
Omnibus motion rule
What are the two ways to establish the relatedness elements?
The claim resulted from the defendant’s in-state contacts or
There is a strong relationship among the defendant, the forum, and the litigation
In class actions, the court must certify the class based on these four prerequisites
Numerosity, commonality, typicality, and adequacy of representation
How long is summary judgment available for after the close of discovery?
30 days (Rule 56(b))