SMJ
These are the two types of original bases for SMJ
What is diversity (1332) and federal question (1331)
What are the three constitutional requirements for specific personal jurisdiction after applying the state long arm statute?
1. Minimum contacts - defendant purposefully availed itself of the forum
2. The plaintiff's claim arises out of or relates to those contacts
3. The fairness factors allow jurisdiction (burden on the defendant, forum state's interest, plaintiff's interest in convenient and effective relief, interstate judicial system's interest in efficiency, and shared interest of the states in substantive social policies
What are the three requirements of a proper complaint under FRCP 8(a)?
1. A short and plain statement of the grounds for SMJ
2. A short and plain statement of the claim showing entitlement to relief
3. A demand for the relief sought
Under FRCP 4(e), what are the acceptable methods of serving an individual defendant within the U.S.?
1. Personal in hand delivery wherever the defendant is found in the forum
2. Leaving copies at the defendant's dwelling or usual place of abode with a person of suitable age and discretion who resides there
3. Delivering to an authorized agent
4. Following service rules of the state where the federal court sits or where service is made
Under § 1441(a), when may a defendant remove an action to federal court?
Only if the federal district court would have had original SMJ over the action (diversity or FQ)
This is the minimum amount in controversy required for diversity SMJ and how courts determine whether the amount controls
What is $75,000.01 and courts determine whether the number was made in good faith and that it DOES NOT appear to a legal certainty that the claim is actually for less
What is the rule for purposeful availment, and what must the defendant have done?
There must be some act by which the defendant purposefully availed itself of the privilege of conducting activities within the forum state, thus invoking the benefits and protections of its laws. The contact must come from the defendant's own actions, not the plaintiff's.
What is "notice pleading" under the old Conley v. Gibson standard, and how did Twombly and Iqbal change it?
Under Conley, a complaint only needed to give the defendant notice of why it was being sued. Twombly/Iqbal replaced this with a plausibility standard: factual allegations must nudge claims from conceivable to plausible - more than possible but less than probable
What is the constitutional standard for proper notice? (established in Mullane)
Notice must be "reasonably calculated, under all the circumstances, to apprise the defendant of the pendency of the action"
What is the forum defendant rule under § 1441(b)(2), and when does it apply?
A civil action removable solely on the basis of diversity may not be removed if any properly joined and served defendant is a citizen of the state in which the action is brought. This rule does not apply when removal is based even in part on FQ SMJ
Complete diversity exists under the Strawbridge rule if...
What is no plaintiff is a citizen of the same state as any defendant
What is the Calder effects test, and when does it apply instead of classic SPJ?
Was D's conduct expressly aimed at the forum? Did plaintiff suffer the brunt of the harm in the forum and D knew P would suffer the harm there? Was the forum the "focal point" of D's conduct and harm to P? This test applies to intentional torts.
What are the two steps of Iqbal's pleading analysis?
1. Identify and disregard legal conclusions and conclusory allegations
2. Taking the remaining factual allegations as true, determine whether they plausibly state a claim for relief
What is the two step process for obtaining a default judgment? What role does the court play at each step?
1. Entry of default - the clerk enters default when the defendant fails to plead or otherwise defend; clerk has no discretion
2. Default judgement - the court (not the clerk) decides whether to grant judgment and reviews the complaint for sufficiency
What are the timing rules for filing a notice of removal? What happens if the defendant misses the deadline?
D must file notice of removal within 30 days of receiving P's state court complaint. Missing the deadline is a procedural defect, and D loses their right to remove the case to federal court.
A corporation's citizenship is determined for diversity purposes by...
What is determining where the corporation is incorporated and finding the principle place of business via the nerve center test (where do its high level officers direct, control, and coordinate the corporation's activities)
When does general PJ arise, and when is a defendant "at home" for GPJ purposes? Make sure to give your answer for both individuals and corporations.
GPJ exists when the plaintiff's claim does not arise out of the defendant's forum contacts. A defendant is "at home" (and thus subject to GPJ) where it is domiciled (individuals) or in its state of incorporation and/or PPB (corporations)
Under FRCP 9(b), what types of claims require heightened pleading, and what may still be alleged generally?
Fraud and mistake must be pleaded with particularity - the circumstances constituting fraud must be stated specifically. Intent, knowledge, and other conditions of a person's mind may be alleged generally
What is the standard for setting aside an entry of default vs. a default judgment?
Entry of default may be set aside for "good cause"
Default judgment may be set aside as void (for lack of PJ or service) or for mistake or excusable neglect.
Both are reviewed for abuse of discretion on appeal
Under § 1391(b), what are the three proper venues for a federal civil action?
1. Any district where any defendant resides, if all defendants reside in the same state
2. Any district where a substantive part of the events or omissions giving rise to the claim occurred
3. IF there is no district that meets the criteria of the venues above, then any district in which any defendant is subject to the court's PJ
Under the well pleaded complaint rule, when does a case arise under federal law for FQ SMJ purposes? What cannot create FQ SMJ?
A case arises under federal law ONLY if the FQ appears on the face of the plaintiff's properly pleaded complaint. A federal defense anticipated by the plaintiff, or a federal issue raised only by the defendant, cannot create FQ SMJ
Under FRCP 12(h), which jurisdictional defenses are waivable and which are not? When must waivable defenses be raised?
Improper PJ, improper venue, insufficient process, and insufficient service of process are all waivable. They must be raised in the defendant's first response to the complaint or they are forfeited.
What is the difference between a pleading and a motion under FRCP 7? Give examples of each
A pleading asserts or responds to claims and defenses. Examples include complaints, answers, and replies.
A motion is a request for the court to take a specific action. Examples include motions to dismiss and motions for summary judgment
Under FRCP 12(b)(6), what must a court accept as true and what must it disregard when evaluating a motion to dismiss?
The court must accept as true all factual allegations within the four corners of the complaint. It must disregard all legal conclusions and threadbare recitals of the elements of a cause of action
What is the difference between a § 1404 transfer and a § 1406 dismissal or transfer?
§ 1406 applies when original venue is improper - the court may dismiss or transfer to cure the defect. § 1404 applies when the original venue is proper but a different venue would be more convenient - the court may transfer "for the convenience of parties and witnesses, in the interest of justice" using a multi factor balancing test