Notice
I sued Summer and hand-delivered the complaint and summons. Was notice proper?
NO! Parties can't hand deliver.
What two forms of original jurisdiction can be used in supplemental jurisdiction?
1331 and 1332
The first supreme court case that applied the 14th amendment to personal jurisdiction
What is Pennoyer v. Neff?
Under 28 USC 1332, it gives federal district courts jurisdiction over cases where..
Diverse Citizenship, AIC (>$75k)
Rule 4(e) allows service at the individuals dwelling or usual place of abode with someone suitable age and discretion who resides there. What is suitable age?
11 years old!
No, it is discretionary.
What are the three main concerns of personal jurisdiction?
Fairness/due process
federalism
full faith and credit clause
What changes an individuals domicile?
Taking up new residence with, the intent to remain there.
Is actual notice required under the due process clause?What case affirmed this?
No, just notice reasonably calculated. Dusenbery v. US (2002)
What is the forum state defendant rule in 1332 cases?
That if the case currently sits in WI state court, and the defendant is a citizen of WI, he can not remove to WI federal court.
Yes! Tag jurisdiction, Service was valid within the state = PJ is made within the state
28 USC 1331 gives federal courts discretion under what cases?
arising under federal law
The Mullane Standard
Notice must be reasonably calculated and desirous of actually informing the absentee. If you know their address, publication and mail notice required.
Does every claim need to meet AIC in order to have original jurisdiction over all the claims?
No, when the well pleaded complaint contains at least one claim that meets AIC, you are good.
What is the fallback provision, 1391(b)(3)?
if b(1) or b(2) fail to yeild proper venue, b(3) permits venue in any district having PJ over a defendant.
United Mine Workers v. Gibbs
Rule 4(f) International Service can be through...
1. treaty (hague convention)
2. through;
a. in the manner done in their courts
b. as directed by a letter rogatory
c. hand service of process or by certified mail
3. By any other means as the court orders and not prohibited by international agreement.
In 28 USC 1367(b), if it is a 1332 jurisdiction case, you can not get supplemental jurisdiction when a defendant is joined under these rules (4) and a plaintiff is joined under these rules (2)
14,19,20,24 Ds
19,24 Ps
The Asahi Reasonableness Factors
1. Plaintiffs Interest
2. Forum states interest
3. Plaintiffs burden of relief
4. shared interest of the states in furthering substantive social policies
5. interstate judicial systems are interested in obtaining the most efficient resolutions of controversies.
What can plaintiffs due to avoid 1331 jurisdiction? Do defendants have any control?
Plaintiffs can avoid by artful pleading, because in order to get FJ, the federal question must be in the well pleaded complaint.
Defendants have no control, because raising a federal defense does not get you FJ