Venue
§1391(b)(2) (Thompson)
Venue is proper in any distance where a substantial portion of the events in the action took place IF the defendants in a federal diversity action don't reside in the same place
Pennoyer Rule (14th Amend., DPC)
A person may assert personal jurisdiction over a person personally served in the state (in personam matters) or a person who receives constructive notice for in rem cases regarding property within the forum state
Article 3, § 2
Federal courts have limited jurisdiction
FRCP 8(a), 8(b) (Zielinski), 8(c) (Bock)
8(a) - A complaint must be a (1) short and plain statement showing the pleader is (2) entitled to relief and (3) requests a judgment
8(b) - A defendant must admit or deny each allegation, and 8(b) states that general denials are permitted so long as they substantially respond to the allegations
8(c) - A list of affirmative defenses that a party responding to a pleading must assert, but the list is non-comprehensive
FRCP 18
A plaintiff may permissively join any and all claims she has against a defendant so long as SMJ permits
Forum non conveniens (Piper)
A court's power to decline to exercise jurisdiction where another court may more conveniently hear the case
Int'l Shoe Rule
A forum state can exercise PJ over a non-resident defendant who has minimal contacts with the state, and the claim arises from those contacts
§§1331, 1332
Federal courts can exercise subject matter jurisdiction over federal questions and disputes arising out of the Constitution or federal law, and can hear diversity disputes arising between parties/citizens of separate states
Iqbal-Twombly
The complaint must allege non-conclusory facts that are plausible
FRCP 13(a) (Cordero)
13(a) - Permits defendants to assert claims that have an independent basis for SMJ
§1404(a) (Atlantic)
A court may transfer a case to another district if it is more convenient in the interest of justice for parties and witnesses. A court may transfer any civil action where it was brought
Hanson Rule
A non-resident must purposefully avail themselves of the benefits of the forum state's laws to be subjected to PJ
§1367
Extends jurisdiction over claims arising out of same case, controversy, and operative facts to be heard in the federal court
FRCP 12(b)(6)
Motion to dismiss; a complaint may be dismissed for failure to state a claim when the facts alleged in the complaint are admitted to and states that even taken as true, law grants no legal remedy
FRCP 13(b)
13(b) - Permits defendants to bring claims that arise out of the same transaction or occurrence or else waive their right to do so
§1406
If a case is filed by an improper court, the case can be transferred to prevent dismissal/if the outcome would be fatal
Notice Rule (DPC, Mullane)
§1441
Removal can be granted for claims that were initially filed in state court that had original jurisdiction in federal court
FRCP 15(a), 15(c) (Aquaslide, Baker)
15(c) - requires that the amendment asserts a claim or defense that arose from the conduct, transaction, or occurrence set out in the original pleading
FRCP 13(g)
13(g) - Allows a defendant to bring a crossclaim against a co-defendant only if it concerns property that is the subject matter of the original action
General Jurisdiction (DPC)
A state may assert personal jurisdiction over domiciliaries (persons residing in the state or corporations incorporated, headquartered, or deemed to be at home in that state)
Rule 11 (Mattel)
A court may impose sanctions for misconduct regarding pleadings, motions, and other papers