Supplemental Jx
When can sj be used
When there are multiple claims that do not have fed question/diversity jx but can accompany a claim that does have fed question/diversity jx when they have the same common nucleaus of operative facts ("so related as to form the case/controversy")
Fill in the blank!
Personal Jx is the ability of the federal court to...
assert power over a defendant in a civil lawsuit
What is a venue?
What are the twin aims of Erie?
Prevent forum shopping between state and federal court for substantive law
Prevent unfair or inequitable administration of law based on whether case in state or federal court
Should the court grant Dr. Valdez Summary Judgment or did Ms. Macaroni show any issue as to any material fact?
Yes
HYPO! Jordyn has an awesome Baby Yoda pop figure that she patented. She enters into a contract with Grace so Grace can sell it in her etsy store front. The contract says Grace may not use Jordyn's intellectual property beyond sales of that figure. Grace, needing cash after a drug deal in Mexico gone wrong, creates a Pop figure called Yoda (but as a baby) that is near identical to Jordyn's Baby Yoda. She sells it in place of Baby Yoda. Jordyn sues Grace for patent infringement. Can she also bring a breach of contract claim? Can she bring a claim for attempted Cat napping of Milo that happened two years prior?
Contract claim: Yes, apart of the same case/controversy.
Cat napping claim: No
What is Specific Personal Jx
minimum contacts with the forum state = traditional notions of fair play and substantial justice
Purposeful Availment + Claim arising from or relating to Defendant's activities in the state
Where is residency for a natural person
the judicial district where they are domiciled
Under Twiqbal Plausibility Pleading, what is the standard for a "short and plain statement"
Legally sufficient: meets all of the elements of the claim and the claim is allowed in that jx's law
Factually sufficient: Complaint must include enough facts to state a claim that is plausible on its fact
Grace, a very successful lawyer for Big Business cutting down forests wants to motion for Renewed JMOL. But, silly Grace, did not file for JMOL when she had the chance, for some reason or the other. May the court grant the motion?
No, she successfully tanked the case from the inside and Big Business has been destroyed and forests saved. The hobbits and elves appreciated her efforts.
How does the anchor claim being based in federal jx impact the claim brought under supplemental jx?
If diversity, the courts won't have sj over claims by a P against parties/claims made throuugh Rule 14, 19, 20, 24, 25
(If it destroys diversity then can't bring the claim under SJ)
BONUS!
FOUR questions for the price of one!
1. What is general jx?
2. What is it for individuals?
3. What is it for corporations?
4. What is tag?
1. contacts in the state are so extensive that they are considered at home (claims do not have to relate to those contacts)
2. Domicile
3. PPB and State of Incorporation (Unless...?)
4. Serving individuals when they are physically present in the state
What is residency for corporate defendant
Anywhere that has personal jx over the defendant
Grace is representing Sarah is a products liability tort action, she wants to amend the pleading for some reason but the statute of limitations has run. The reason relates to the same conduct/transaction/ occurence. Should this be allowed?
Yes, FRCP 15(c) allows relation back
Captain America (NY) is suing Ironman (CA) after Iron man defamed Cap for not signing the accords and trying to kill his best friend, Bucky Barnes, in Siberia. Cap sues Iron Man 40,000 for defamation, 30,000 for IIED, 5,000 for emotional distress, and one cent for being wrong in the Accords thing. Can he bring this suit in federal court under diversity? Assume the JX recognizes all of the claims.
Yes! both domiciled in different states and the AIC is $75,000.01
What are some reasons a court may decline SJ (c)
- raises novel/complex question of state law
- Substantially predominates over the claim that the district court has og jx
- district court has dismissed all claims that had oj jx
- Other compelling reasons
Szendry-Ramos Case
In the super fun case Ford Motors Co v. Montanta, a truck sold by Ford had a defect that caused a fatal car accident. The decedent's estate brought a products liability claim against Ford. They did not buy the truck in Montana, and Ford does not have general jx in Montanta. Did Ford Motor company establish minimum contacts by advertising, selling, and servicing the same model of truck in Montana?
Yes!
What is residency for a corporate plaintiff
district where PPB
Claim preclusion requires...
Same claim as the prior judgment
Same parties in privity as prior judgment
Prior judgment was valid
Prior judgment was on the merits
What are the limits on discovery
Privilege
Work product
Can permissive counter-claims have supplemental jx?
No, if the test for compulsory counterclaims is the same test for supplement jx, then all claims that have supplemental jx will be compulsory.
What is stream of Commerce Plus?
Majority in McIntyre
Specific Jx re stream of commerce if D caan be said to have targerted the form in addition to placing a product in the stream of commerce (not just regular and anticipated flow of products in the retail state -- McIntyre dissent, aka pure stream of commerce)
When is 28 USC 1391 (b)(3) used?
If there is no district under (b)(1) or (2) then any judicial district where a Defendant is subject to the court’s personal jurisdiction in the action
How do you analyze and Erie question
Erie/Hanna Decision Tree
Is this indisputable substantive -> if yes, apply state stature and common law
Is the issue at least arguable procedural
If yes: apply FRCP ot fed statute (unless unconstitutional)
If no: balance twin aims of erie with federal interest
Fed law = inequitable treatment?
Fed law = Forum shopping?
Balanced with
Fed courts interest in control pf practice in their courts
The more the choice between federal and state law will impact case outcomes and everyday activities, the more likely forum and state law will impact case outcomes and everyday activities, the more likely forum shopping and inequitable treatment will result -> so use state law to prevent that
Grace is representing Sarah in a defamation tort action. In the complaint it stipulates that Sarah's friend, Dee, told everyone that Sarah *insert something embarassing but I dont wanna be mean to my baby sister* on her instagram story. In discovery, it comes out that Dee never said that, in fact, she doesn't even have instagram. This was something Grace could've learned through reasonable investigation. Should Dee's lawyer filed a Rule 11 violation? If so, how would she go about doing that?
Yes! Serve on the offending attorney and give them 21 days to respond and fix the mistake before giving it back to the court