Venue
Tells where which federal courts have the “power” to hear a case
What is Jurisdiction?
Brian (resident of Miami) and Stewie (resident of Las Vegas) are introduced to Peter (resident of Quahog, RI) in Tijuana, Mexico. Brian and Stewie beat up Peter. If Peter sues Brian and Stewie for battery, venue is proper in:
1. Northern District of Florida
2. Middle District of Florida
3. Southern District of Florida
4. District of Nevada
5. District of Rhode Island
A. 1, 2, 3, 4, and 5
B. 3 and 4
C. 1, 4, and 5
D. None of the above
The correct answer is B.
This is an example of the fallback provision.
Governs pleadings
FRCP 8
Used to be the Conley “no set of facts standard” --> changed to (Legal sufficiency)
What is Twombly ?
Fairness Factors (Volkswagen )
The burden on the defendant
The forum State’s interest in adjudicating the dispute
The plaintiff’s interest in obtaining convenient and effective relief
The interstate judicial system’s interest in obtaining the most efficient resolution
The shared interest of the several States in furthering substantive social policies
(*) These factors are relevant only in the context of specific jurisdiction --> if it’s a general jurisdiction problem, don’t talk about them
Josh has lived In NY since graduating from college. He has a NY driver’s license, pays NY taxes, and lists his residence as NY on all state and federal tax forms. He is an attorney with a NY firm and a member of the NY bar. He has recently become engaged to a woman who lives in California. He has taken the California bar exam, and has obtained a job with a California firm, which will start as soon as he is admitted to the California bar. He and his fiancée have bought a house in California, and he will be moving there in a month.
New York!
Mall-Mart is a large national corporation headquartered in Bentonville (in western Arkansas) and incorporated in Delaware. Mall-Mart has thousands of department stores all over the United States. Pam, a resident of Miami, goes to a Mall-Mart store in Coral Gables and slips on a wet floor, injuring herself. She wants to file suit for negligence against Mall-Mart. Venue is arguably proper:\
A. In the Western District of Arkansas.
B. In the District of Delaware.
C. In the Southern District of Florida.
D. All of the above.
All the Above!
1391 (b)(1) only one D and b(1) says where it resides in any district if all reside same state. Corp resides both Arky (PPB) and Delaware (incorporation).
What does a complaint require?
Rule 8(a)(2) - a short and plain statement of the claim showing that the pleader is entitled to relief
The plaintiff must allege facts sufficient to state a ___ claim for relief
What is plausible?
Remember – plausible is somewhere in between possible and probable (higher burden than Conley standard)
Defendant can be sued in this forum on a claim that arose anywhere. Claim doesn’t need to be related to contacts with the forum.
What is General Jurisdiction?
For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented.
What is 28 U.S.C. 1404? Bonus if you can state when is a plaintiff ever going to ask for a transfer...
May the defendant argue improper venue and lack of personal jurisdiction for the first time in its answer?
Yes: you can bring rule 12 defenses in motions OR answers. If you haven’t brought any yet it is not waiver to bring them all in an answer.
The complaint must give the defendant an idea of what he or she is being sued for so that they are able to craft a defense / answer
Notice sufficiency
“Liability under § 1 of the Sherman Act requires a “contract, combination . . ., or conspiracy, in restraint of trade or commerce.”
What is The Sherman Act ?
This case split the phrase "arise out of or relate to“
What is Ford
Only applies to the same judicial system
What is Venue Transfer?
* You can only transfer to a court in the same judicial system.
A plaintiff filed an action against a defendant in federal district court, seeking compensatory damages for negligence after a car accident. The defendant has a policy of automobile liability insurance under which its insurance company will pay for the defendant's defense and all or part of the defendant's liability in the action.
Is the defendant's insurance policy subject to discovery by the plaintiff?
Yes, relevant. Proportional.
Undue burden or cost.
No.
Good faith seems so
For a complaint to satisfy Rule 8(a)(2)—i.e., survive a 12(b)(6) motion to dismiss for failure to state a claim—it must satisfy the two tests for sufficiency
Notice sufficiency
Legal sufficiency
“Defendants have entered into a contract, combination, or conspiracy . . .”
Twombly’s complaint
Is the stream of commerce theory good law? (Argue both sides)
Brennan / O’Connor split:
Brennan – putting something in the stream of commerce is enough
O’Connor – Need more than expectation that product will get to the forum state - need D's intent to serve the forum state's market
“is the center of gravity” where the witnesses are
What is the transferee?
A plaintiff sued a defendant for negligent infliction of emotional distress (NIED) in federal district court. The district court granted the plaintiff’s motion for summary judgment and awarded damages of $250,000. The plaintiff then sued the defendant in federal district court, seeking damages for intentional infliction of emotional distress (IIED). Controlling state law permitted the recovery of punitive damages for IIED, which were not otherwise recoverable for NIED. Both claims were based upon the same facts. Both courts had jurisdiction over the parties and claims before them.
Is a court likely to conclude that the plaintiff’s IIED claim is barred by res judicata?
1. Case 1 and case 2 must be brought by same claimant against same defendant.
Same parties
2. Case 1 ended in a valid final judgement on the merits
Rule 41B – all judgements are on the merits unless based on jurisdiction, venue, or indispensable parties.
Statute of limitations judgement not on the merits. Not on merits if gave leave to amend or dismissed without prejudice.
Yes judgment on NIED entered as final
3. Same claim asserted
Claim is the same transaction or occurrence.
1 suit to try everything in 1 transaction.
Same nucleus of operative facts in the claims. This is claim splitting
“A complaint must not be dismissed for failure to state a claim unless it appears beyond a doubt that the plaintiff can present no set of facts to support his claim so that relief may be granted. ”
What is Conley?
The Twiqbal framework:
1) strike all legal conclusions from the complaint
2) apply the plausibility analysis to the allegations that remain