Basics
1331-Federal Question
1332-Diversity
When do you waive PJ?
If you do not assert lack of PJ in your first filing to the court (whether a 12(b) motion or your Answer)
Where do corporations reside for purposes of venue?
When in the case is citizenship determined?
At commencement of the action
How long does a Plaintiff have to serve a Defendant after filing the Complaint?
90 days
When can SMJ be waived?
Never. This is a trick. SMJ CANNOT be waived.
What is general PJ?
You can be sued in your home state (forum) for any cause of action arising anywhere in the world.
If a case is removed from state to federal court, where is venue proper?
The federal court in the district where removed to.
The defendant must remove to the federal court for division EMBRACING the place where the state court sits.
Test for domicile "natural person"
What factors should you consider for an essay?
-Where they live
-Driver's License
-Pay rent, or own a home
-Where they work
-Bank accounts in the state
Waiver of service:
If Defendant waives service..how long do they have to answer the complaint...
In U.S.?
Foreign Country?
-U.S. 60 days
-Foreign 90 days
How many days do you have to remove a case?
30 days, from when you received complaint/summons,
OR
30 days when the case became removable
Calder Effect Test
1) Def. committed intentional tort
2) Def. expressly aimed his tortious conduct at the forum state,
3) Plaintiff felt the harm in the forum state
How can a venue be waived before a suit is even filed?
Forum selection clause
Rule Statement for Well-Pleaded Complaint
Notice: Rule 4 Requirements
Ways to provide notice
1) follow state's law (either of the forum state or the state where service is made);
2) in-person service (hand-delivery, the gold standard);
3) leave copy at individual's dwelling or usual place of abode with someone of suitable age and discretion who resides there; or
4) Deliver a copy to an agent authorized by appointment or by law to receive service of process
How many domiciles does a business have?
Two:
-Where Incoporated
-PPB ("Nerve Center")
Three questions need to answer to establish PJ:
Q1: Did the defendant have purposeful contact with the forum state?
Q2: Did the claim against the defendant arise out of or is connected to the Defendant's contact?
Q3: Would it be fair and reasonable to require the Defendant to defend himself in the forum state?
Difference between 1404 and 1406
1404: Venue was PROPER, transferring in interest of justice, Could have been brought here
1406: Venue was IMPROPER, can be trasnferred if there is a proper venue that would have SMJ
Rule for Nerve Center Test
"Principal place of business" refers to the place where the corporation's high=level offcers direct, control, and coordinate the corporation's activities.
Three pleading requirements for complaint
1) short plain statement of the grounds for the court's SMJ
2) short plain statement of the claim showing that the plaintiff is entitled to relief
3) a demand for the relief sought
Venue under 1391: all three ways
a) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located;
b) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated; or
c) if there is no district in which an action may otherwise be brought as provided in this section, any judicial
district in which any defendant is subject to the court's personal jurisdiction with respect to such action.
Stream of Commerce Analysis
1) Justice O'Connor's Approach:
2) Justice Brennan's Approach:
3) Justice Stevens' Approach:
1) Requires some ADDITIONAL CONDUCT aimed at targeting the forum state
2) Foreseeability, focuses on business' regularity, awareness, and economic benefit
3) Volume Approach, focuses on volume and value of the sales rather than awarenness
When is Forum Non Conveniens proper?
A court may grant a motion for forum non conveniens when it determines that another forum is more suitable for addressing the case, thereby prioritizing convenience and the interests of justice.
Fills the gap left by 1404, 1406, when venue is proper, but the more convenient forum is in a different legal system (such as a foreign court).
A state law claim arises under federal law 1331 only when:
1) it necessarily raises a federal issue that appears on the fact of the plaintiff's complaint and in the plaintiff's statement of his cause of action (it is "embedded in the state-law claim)
2) the embedded federal issue is actually disputed
3) the embedded federal issue is is substantial, and
4) the federal court hearing the dispute will not disturb the balance between federal and state judicial responsibiliity (must not result in a lot of federal question cases)
Explain Twombly/Iqbal Standard
Allegations must "nudge their claim across the line from CONCEIVABLE (or Possible) to PLAUSIBLE
Note: this is a contraction to the pleading standards, not simply a short and plain statement really