SMJ
Does a federal question arise when the federal defense is anticipated?
NO. Well-pleaded complaint rule.
When can a federal court assert PJ over an out-of-state defendant?
Requires BOTH:
• A long-arm statute AND
• Due process (minimum contacts)
Venue is proper where:
Any district where a defendant resides if all defendants reside in same state.
What must service include?
Summons + complaint.
Rule 7
Lists motions and pleadings allowed.
Does diversity depend on residence at time of filing?
Yes. Diversity is tested at filing only.
Car dealer sells a car in State A, accident in State C. Does C have PJ?
No PJ → no purposeful availment.
Rule: Mere foreseeability is NOT enough.
(World-Wide Volkswagen principle)
Does service outside the state automatically give fed PJ?
No — need long-arm + due process.
Deadline to serve?
90 days after filing
Rule 8
Can you remove if plaintiff sues under a federal statute but both are from same state?
Yes — federal question jurisdiction.
Claim against a corp where harm was only felt in the forum. Is that PJ?
No—defendant must target the forum.
Can a corporation reside in more than one district?
Yes → any district where subject to PJ.
Rule for service?
Rule 4.
Rule 9
Heightened pleading for fraud/mistake.
Where is a corporation a citizen?
State of incorporation + principal place of business.
Can you create PJ by tricking someone into coming to the state?
NO. Fraud exception to “tag” jurisdiction.
P is a citizen of Texas. D is a corporation incorporated in Delaware with its principal place of business in Illinois. The defective product was designed in Illinois and shipped to Tennessee, where it exploded and injured P. P files suit in Federal Court – Texas.
Is venue proper in Texas?
NO.
Apply §1391:
1391(b)(1): D does not reside in Texas.
1391(b)(2): A substantial part of events occurred in Illinois or Tennessee, not Texas.
1391(b)(3): Only applies if no other district exists—here there ARE two (IL and TN).
So venue is improper in Texas.
Correct venues: Northern District of Illinois (defendant resides + event occurred), or Middle District of Tennessee (event occurred).
Standard for notice:
Reasonably calculated to apprise and allow opportunity to respond.
Rule 10
Form requirements for pleadings.
Plaintiff and defendant share same citizenship AFTER suit filed. Does SMJ die?
No → diversity locked at filing.
If someone is served while physically in the state, is there PJ?
Usually yes → “Tag” jurisdiction applies.
A woman was injured when a helicopter crash-landed in State B. She sues in Federal Court in the Southern District of State A.
The defendants:
D1 (the pilot) is domiciled in the Southern District of State A
(even though he is temporarily living in State C)
D2 (the corporation) is:
incorporated in State D
principal place of business in State C
BUT has continuous + systematic contacts in Northern District of State A
The defendants move to dismiss for improper venue. Is venue proper in the Southern District of State A?
YES, venue is proper. Because, under §1391(b)(1) venue is proper in any district where: one defendant resides, AND all defendants are residents of the same state for venue purposes.
Here, the pilot “resides” in the Southern District of State A because he is domiciled there. The corporation resides in State A because it is subject to PJ in the Northern District. So venue is proper where the pilot resides: the Southern District.
Serving out of state in diversity:
Must comply with state long-arm + due process.
Rule 12
12(b)(1) → SMJ
12(b)(2) → PJ
12(b)(3) → Venue
12(b)(4)(5) → service defects
12(b)(6) → failure to state a claim