Venue
Residential venue: The judicial district where defendant(s) resides
What is Rule 1391(b)(1)?
Must be within the same judicial system. (i.e. state court to another state court or federal court to another federal court)
What is Transfer?
The defendant must serve his answer to the complaint within 14 days after notice of denial
What is rule 12(a)(4)(A)? What does defendant have to do after a 12(b) motion to dismiss is denied?
A corporation locate in a state with multiple districts resides in any district in that state where it has sufficient contacts to subject it to PJ. If there is no such district, it resides in the district where it has the most significant contacts.
What is Rule 1391(d)?
What is dismissal without prejudice?
Motion to dismiss for failure to state a claim for which relief can be granted.
What is Rule 12(b)(6)?
Plaintiff cannot bring the action again (adjudication on the merits
What is dismissal with prejudice?
What is Twombly?
Transactional Venue: Where the substantial part of the events given rise to the claim occurred.
What is Rule 1391(b)(2)?
Original venue is improper. Apply law of the transferee court or dismiss the case.
What is 1406(a)?
Asserts (1) a short and plain statement as to the jurisdiction, (2) the claim, and (3) the relief to be granted.
What is The complaint Rule 8?
The party seeking this must allege specific facts showing immediate and irreparable injury, loss, or damage. These cannot exceed 14 days.
What is (TRO) Temporary Restraining Order?
There is enough information in the complaint that the story holds together
What is Plausibility?
Fall back venue: No district is proper, so any venue where there is PJ will be proper
What is Rule 1391(b)(3)?
Original venue is proper. Apply law of the transferor court.
What is 1404(a)?
A court may dismiss a case, even if the venue is proper, if the case would be more appropriately heard in some judicial system that is not the U.S. federal system.
What is Forum Non Conveniens?
Only a certain category of cases require a ______ level of specificity, in which the complaint must give the particularity of the details. (i.e. Fraud, mistake, special damages).
What is Heightened Pleading Requirement (Rule 9)?
(What case)This court is to ignore conclusions of law and consider allegations of fact to determine whether the facts alleged state a plausible claim. It is guided by the judge's own experience and common sense.
What is Iqbal?
A natural person resides in the district where they are domiciled and an entity resides in any district where PJ exists.
What is Rule 1391(c)(1) and 1391(c)(2)?
Plaintiff can dismiss without court with notice of dismissal order BEFORE defendant files answer or motion for summary judgment.
What is rule 41(a)(1)(A) voluntary dismissal?
Plaintiff can dismiss without prejudice UNLESS it says otherwise or he has previously dismissed an action based on or including the same claim against the same defendant.
Preserves status quo until case is resolved and requires notice and a hearing.
What is Preliminary Injunctions?
In response to a pleading, a party must affirmatively state any avoidance or affirmative defense or they may be waived. Must put defense in the answer.
What is Affirmative defenses Rule 8(c)?