Notice+ Service & Erie
This rule governs the approved methods of notice.
What is FRCP 4?
Who can't be tagged?
Do the forum dance!
How to meet diversity requirements for federal subject matter jurisdiction
Complete diversity across the v and amount in controversy more than $75k
When is a cross-claim compulsory?
Never :)
What are the Mullane Factors?
How effective is the method of service?
What alternative methods are available?
How effective/burdensome/costly are the alternatives?
What type of interest is at stake?
How can you pierce the corporate veil?
Court must dismiss the case or transfer to a proper venue.
If its correct, the defendant can request a discretionary transfer (new forum must be proper and more convenient/would alleviate prejudice)
Court can also choose to transfer for convenience.
When can a claim ride along? (2 parts)
Federal question, any claim is fine
Diversity, defendant claims are fine, plaintiff claims can only come along if the claim is against the same defendant, same stoo, complete diversity, and original claim meets controversy requirement
When is a counterclaim compulsory?
Arises out of the same stoo.
The requirements for proper service of an individual
Deliver copy of summons and complaint to the defendant's dwelling with someone of suitable age and discretion who resides there/with an authorized agent
Burden on defendant
Forum state's interest in the dispute
Plaintiff's interest in obtaining relief
Efficiency
State's interest in furthering "fundamental substantive social policies"
What are the Burger King Fairness Factors
What are the factors considered when deciding Forum Non Convienens
Gulf Oil factors:
Private interests of litigants (burden on defendant for evidence, judgment can't be enforced, law gives no remedy)
Public interests of state and courts (stake in what happens in your state, clogging up your court system, foreign law is confusing for juries)
What is the well-pleaded complaint rule from mottley?
Federal question/claim must be in the plaintiff's complaint and not an anticipated defense
Explain difference between impleader and interpleader
Impleader: You as a defendant implead 3rd party defendants to share blame with them
Interpleader: Piece of property is in question, you as a plaintiff would interplead defendants who have a stake in the property
A woman was injured while visiting her sister at her sister’s beach house in Alabama. The woman was a citizen of Arkansas, while her sister was a citizen of Mississippi. The woman chose to sue her sister in federal court in Mississippi based on diversity jurisdiction. The claim arose from state common law, with no controlling federal law or state statute or custom. Under Arkansas and Mississippi common law, the woman had a viable claim. However, under Alabama common law, the claim would be dismissed for failure to state a claim. Mississippi choice-of-law rules would apply the substantive law of Alabama, because that was where the injury occurred. Arkansas and Alabama choice-of-law rules would apply the substantive law of Mississippi, because that was where the defendant resided.
What substantive law should the court use in making its decision?
The substantive law of Alabama, because the Mississippi choice-of-law rules
Calder Effects Test
For intentional torts only
Intentional, expressly aimed at forum state, caused harm to plaintiff (most suffered in forum state), defendant knew was likely to be suffered in forum state
What determines if a second claim is precluded?
Second suit in the same stoo as first suit, same parties, first law suit reached a final judgment on the merits
How is domicile determined?
At the time the lawsuit was filed, and when a person lives in a state, intends to remain there for an indefinite period of time, no concrete plans to move to another state.
(bonus points: for corps remember the nerve test!)
When is a party required, when is a party indispensable?
Required: incomplete relief, missing party's interest would be impaired, causes multiple or inconsistent obligations
Indispensable: Prejudice, hard for court to minimize it, judgment not adequate without missing party, plaintiff can refile and get remedy elsewhere
A consumer sued a corporation in a federal diversity case, alleging products liability under state law. A state statute required that all jury instructions in products-liability cases had to be delivered to the jury both orally and in writing. Rule 51 of the Federal Rules of Civil Procedure governed jury instructions, but that rule did not specify the format in which the court should deliver the instructions to the jury. Long-standing federal practice, based on the federal judge-jury relationship, was to give the instructions orally but not in writing.
After the close of the evidence, the consumer argued that the judge was bound by state law to submit the jury instructions both orally and in writing, The corporation argued that the judge was not bound by state law but should follow the existing federal practice of instructing the jury only orally.
Should the court follow the federal practice?
Yes, because the federal interest in judge-jury relations prevails over conflicting state law
Imagine “Summit Bicycles,” a bicycle manufacturer incorporated and headquartered in Colorado, which produces high-performance bikes. Summit does not have any stores, offices, or employees outside of Colorado. Summit runs targeted advertising campaigns specifically aimed at outdoor sports enthusiasts in various states, including California. Summit also ships bikes directly to customers in California who order online, and its bikes are featured in ads on popular California cycling websites.
One day, a California resident named Alex purchases a Summit bicycle directly from Summit’s website. While riding the bike in California, Alex is injured when the bike frame breaks due to what he claims is a manufacturing defect. Alex decides to sue Summit Bicycles for negligence and product liability, filing his lawsuit in California state court.
*Next, imagine that an Idaho Resident named Ryan bought a Summit bicycle from facebook marketplace. Summit does not advertise in Idaho, nor do they have any stores or offices there. Ryan gets into an accident when the bicycle's breaks failed, he now wants to sue Summit for his injuries in Idaho state court.
Are these lawsuits proper?
Alex can sue in California (Summit purposefully availed themselves of California)
Ryan cannot sue in Idaho (stream of commerce)
A manufacturer made and sold lacrosse sticks. The manufacturer was incorporated in State A and had its factory and its principal place of business in that state. State A had a single federal judicial district. A lacrosse player purchased one of the manufacturer’s sticks from a sporting-goods store in the western district of State B. The manufacturer routinely advertised and sold its products within that judicial district. A few weeks later, the player was injured during a game in the eastern district of State B when the stick broke and penetrated his thigh muscle, causing permanent nerve damage.
The player sued the manufacturer in federal court in the western district of State B, alleging multiple theories of products liability. The manufacturer filed an answer in which it preserved the defense of improper venue. The manufacturer then moved to dismiss for improper venue. The court denied the motion.
Did the court commit error by denying the motion?
No, because the manufacturer resided in the western district of State B for purposes of venue
Three tenants, Alice, Ben, and Carla, all residents of New York, live in an apartment building that experienced major plumbing issues, causing water damage in each of their units. They believe the damage was due to faulty installation by “Top Plumbing Co.,” a company incorporated and headquartered in Pennsylvania. Each tenant suffered property damage and lost personal belongings as a result.
The tenants decide to jointly sue Top Plumbing Co. in federal court, each seeking damages as follows:
Combined, the total damages sought amount to $75,000. Alice, Ben, and Carla argue that since their combined damages reach the $75,000 threshold, they should be able to proceed in federal court. Can they bring their claim into federal court?
While there is complete diversity of citizenship between the plaintiffs and the defendant, the amount in controversy requirement is not met because the individual claims cannot be aggregated. Therefore, the federal court lacks subject matter jurisdiction under diversity jurisdiction, and Alice, Ben, and Carla would need to file their lawsuit in state court instead.
A patient sued his surgeon and a medical device distributor in federal court, alleging that the medical device, which the surgeon had implanted in the patient, was defective and caused injury to the patient.
Which of the following additional facts would constitute a proper basis for impleader under Federal Rule of Civil Procedure 14(a)?
A.