Personal Jursidiction
What case established the “minimum contacts” framework when analyzing personal jurisdiction?
International Shoe v. Washington (1945)
What are the two (2) main requirements to meet diversity jurisdiction?
(1) both parties have complete diversity (Strawbrdge v. Curtiss); (2) amount in controversy is (reasonably) over $75K (§1332)
Name two types of joinder and what rules would cover them?
options: compulsory joinder (R18), mandatory joinder (R19), permissive joinder (R20).
Under 28 U.S.C. §1391, venue is proper in a district where any defendant resides if this condition is met.
If all defendants reside in the same state.
This FRCP Rule governs the scope of discovery, including what information is discoverable and how privilege is asserted.
Rule 26
Jacob is domiciled in NY, but while in DE he was served regarding a suit filed in NY. Does NY have personal jurisdiction over Jacob?
Yes, a state has PJ over a person that is domiciled there (Milikin v. Meyer).
Penny sues Derek for a copyright claim. Penny is domiciled in DE and Derek is domiciled in NY. The amount Penny is suing for is $74K. May Penny bring her copyright claim in NY federal court, and explain why?
Yes, copyright claims are within the jurisdiction of federal courts (federal question jurisdiction under §1331).
What are the primary requirements of permissive joinder (R20)?
(1) right to relief must be asserted by, or against, each plaintiff or defendant relating to or ARISING out of the SAME transaction or occurrence/series of transaction and occurrences; AND (2) common question of law or fact common to all plaintiffs.
A corporation is deemed to reside in a state (or states) for venue purposes where…
They are incorporated and where they have their principal place of business.
Under Rule 26(b), attorney work product is protected unless this standard is met.
A party shows substantial need and cannot obtain the substantial equivalent without undue hardship.
What are two (2) ways you can consent to personal jurisdiction?
(1) forum selection clause (Zapata or Carnival Cruise); (2) voluntarily appear before the court [or also (3) failing to comply with jurisdictional discovery orders, which leads to an adverse inference as a sanction under Rule 37(b)(2)(A)(i)].
What kind of jurisdiction is this AND what statute is this jurisdiction under: "Jurisdiction over claims that, if presented independently, would NOT provide a basis for federal subject matter jurisdiction."
supplemental jurisdiction, §1367
What makes a counterclaim compulsory? [Hint: FRCP 13(a)(1)(A) and FRCP 13(a)(1)(B)].
(A) the counterclaim arises out of the same “transaction or occurrence” that is the subject matter of the opposing party’s claim, and (B) the counterclaim does not require adding another party over whom the court cannot acquire PJ.
Under §1404, a court may transfer a case to any other district where it might have been brought for this reason.
For the convenience of parties and witnesses and in the interest of justice.
Rule 26(a) requires parties to disclose these four types of information without a discovery request.
supporting witnesses, supporting documents or exhibits, damages calculations, and insurance agreements (adverse witnesses or exhibits need not be disclosed without a discovery request).
Corporations are amenable to general jurisdiction in the forum “in which the corporation is fairly regarded as at home.” What makes a corporation “fairly regarded as at home?”
(1) principal place of business, and (2) place of incorporation.
How do you change where you are domiciled?
(1) take up residence in a different domicile, AND (2) intention to remain there.
How many claims can a plaintiff join against a defendant?
If a plaintiff has properly asserted a claim against a defendant, then the plaintiff may join as many claims as it has against that defendant. (Rule 18)
According to Atlantic Marine, if there is a valid forum-selection clause, transfer is appropriate under this statute rather than §1406.
§1404
Under Rule 68, if a plaintiff rejects an offer of judgment, and wins less at trial, they face this consequence.
They must pay the defendant’s post-offer costs.
What are the Due Process considerations for personal jurisdiction?
Minimum contacts (foreseeability & purposeful availment); Fairness analysis traditional notions of fair play and substantial justice). [for Prof. Zhang’s class, minimum contacts will suffice].
Paul (P) is suing Dahlia (D) in DE state court for a contract dispute. Dahlia is domiciled in DE, Paul is domiciled in NY. The amount in controversy is $100,000. Dahlia wishes to remove the case to DE federal court. Is Dahlia permitted to remove this case?
No, under §1441, a defendant may not remove a case to federal court if the defendant is a citizen of the state in which the suit was initially filed.
What was the main takeaway from Mosley v. General Motors?
Under FRCP R20(a) permissive joinder, multiple plaintiffs MAY be joined into a class-action employment discrimination claim, even though the individual plaintiffs suffered different effects from the discrimination.
A plaintiff files suit in the Northern District of California against a Texas-based trucking company for injuries sustained in a highway accident that occurred in Mississippi. The defendant moves to transfer under 1404, arguing that all witnesses are in Mississippi, and the Mississippi state courts are better suited to hear the case. The plaintiff argues that the federal court in California has personal jurisdiction and venue is proper. Should the court grant the motion?
Yes. Even though personal jurisdiction and venue may be proper, the court may still grant a transfer under 1404 if Mississippi offers a significantly more convenient forum for the parties and witnesses, and there is an adequate alternative forum.
During discovery, Plaintiff’s attorney accidentally emails Defendant a confidential memo discussing trial strategy. The next day, Plaintiff notifies Defendant of the mistake and requests the memo’s return. Defendant refuses, claiming the privilege was waived. Under the Federal Rules, is Defendant correct?
No, under Rule 26(b)(5)(B), if a party promptly notifies the other of an inadvertent disclosure, the receiving party must return, sequester, or destroy the information and cannot use it, meaning privilege is not waived.