Personal Jurisdiction
This category of jurisdiction covers defendants less intimately connected with a state, and only applies to claims that "arise out of or relate to" the defendant's contacts with the forum.
What is specific jurisdiction?
This phrase, established in United Mine Workers of America v. Gibbs, must describe the relationship between the state and federal claims for them to constitute one constitutional “case” under §1367(a).
What is a common nucleus of operative fact?
This Federal Rule of Civil Procedure, section (a), grants parties the liberal permission to join any number of related or unrelated claims against a single opposing party.
What is Rule 18?
To satisfy Diversity Jurisdiction under 28 U.S.C. § 1332, the amount in controversy must exceed this specific dollar figure.
What is $75,000 (or $75,000.01)?
Under Rule 26(b)(1), information within the scope of discovery need not be this to be discoverable.
What is admissible (in evidence)?
The fundamental requirement for specific jurisdiction that mandates a defendant take "some act by which [it] purposefully avails itself of the privilege of conducting activities within the forum State".
What is purposeful availment?
This Supreme Court case held that §1367 provides supplemental jurisdiction over the claims of co-plaintiffs in diversity cases who do not meet the minimum amount-in-controversy requirement, effectively overturning Zahn v. International Paper Co.
What is Exxon Mobil Corp. v. Allapattah Services, Inc.?
To be considered a compulsory counterclaim under Rule 13(a), the claim must satisfy this key requirement by having a "logical relationship" to the opposing party's claim.
What is arising out of the transaction or occurrence?
While a corporation is a citizen of its place of incorporation, the Supreme Court’s decision in Hertz Corp. established the "Nerve Center" test to determine this other location of citizenship.
What is the Principal Place of Business (PPB)?
These written questions may only be issued to other parties in the litigation and are generally limited to 25 unless the court grants permission or the parties agree otherwise.
What are interrogatories?
The level of activity required to support general jurisdiction, where the defendant's affiliations with the state are so continuous and systematic.
What is being "essentially at home"?
Under §1367(b), supplemental jurisdiction is explicitly denied for claims by plaintiffs who are joined under this "Required Party" Rule or who seek to intervene under Rule 24.
What is Rule 19?
A defending party uses this process, known formally as third-party practice, to assert a claim of derivative liability (such as contribution or indemnification) against a nonparty.
What is impleader?
Even if complete diversity exists, a defendant cannot remove a case to federal court if they are a citizen of the state where the action was filed, pursuant to this statutory limitation.
What is the Forum Defendant Rule?
Rule 26(b)(2)(B) specifically protects parties from having to provide discovery of ESI from sources identified as not reasonably accessible because of this.
What is undue burden or cost?
This 2014 Supreme Court case clarified that asserting general jurisdiction based on continuous and systematic contacts is "unacceptably grasping" unless the corporation is "essentially at home" there, regardless of the magnitude of its in-state business compared to its global activities.
What is Daimler AG v. Bauman?
The necessary inference drawn by the Supreme Court from the omission of this rule from the restrictions in §1367(b) is that supplemental jurisdiction is conferred over co-plaintiffs' claims that fail to satisfy the amount-in-controversy requirement.
What is Rule 20 (Permissive Joinder)?
If a party determined to be required under Rule 19(a) cannot be joined (often due to diversity), the court must perform an "equity and good conscience" analysis under Rule 19(b) to decide if the case must face this outcome.
What is dismissal?
Under 28 U.S.C. § 1447(d), an order remanding a case back to state court is generally not reviewable on appeal, unless the remand order was based on this specific legal issue.
What is a Lack of Subject Matter Jurisdiction? (or a defect in subject matter jurisdiction?)
This protection applies to documents and tangible things prepared in anticipation of litigation, shielding them from discovery unless the requesting party demonstrates a substantial need.
What is the work-product doctrine?
The concept, rejected in World-Wide Volkswagen, that the mere likelihood that a product will find its way into the forum State is sufficient for specific personal jurisdiction under the Due Process Clause.
What is foreseeability (or mere likelihood)?
These two judicially-created doctrines, dealing with plaintiffs' claims and claims by defending parties/third parties, were the forerunners to §1367.
What are pendent jurisdiction and ancillary jurisdiction?
This Rule 23(a) prerequisite, interpreted strictly in Wal-Mart v. Dukes, requires that the class action possess questions whose determination will resolve a central issue "in one stroke".
What is commonality?
Established in Louisville & Nashville Railroad Co. v. Mottley, this rule states that a federal question must appear on the face of the plaintiff’s initial pleading, not in an anticipated defense.
What is the Well-Pleaded Complaint Rule?
Under Rule 37(e)(2), a court may impose the most severe sanctions for lost ESI only if it finds the party acted with this specific state of mind.
What is the intent to deprive (another party of the information’s use in the litigation)?