SMJ
What are the two types of SMJ?
1. Federal Question
2. Diversity JX
What are the two types of PJ?
1. General JX-- allows courts to exercise PJ over a defendant for claims having nothing to do with the defendant's contacts in the forum.
2. Specific JX-- claim arises out of the defendant's deliberate contact with the state
What are the three proper venues?
1. home is where the venue is
2. crime scene
3. last resort PJ
What two things do you need for service of process?
1. statutory authorization
2. constitutionally valid
Who can remove?
Only the defendant. If multiple defendants, then they all must agree.
(1) Where and (2) what do you look for to determine federal question JX?
1. where-- the well-pleaded complaint (Mottley)
2. what--Is federal law creating the claim? Do these allegations assert a right to relief created by federal law (Holmes)
What are the types of general JX?
1. Presence (domicile and at home)
2. Consent
3. Waiver
4. Tag
What happens if venue is improper?
The defense must make a motion to dismiss for lack of proper venue or it is waived.
28 USC 1406-- the court can dismiss or transfer in the interest of justice. Transfers only occur intrasystem.
1. What gets served?
2. Who serves?
3. When must service be made?
1. complaint and summons
2. any person who is at least 18 yrs old and not a party
3. within 90 days of filing
When can a defendant remove?
within 30 days of receiving the initial pleading or being served with process of action.
How do you determine citizenship for (1) an individual and (2) a corporation?
1. Domicile test= physical presence + intent to remain indefinitely (Gordon)
2. POI+PPB (Hertz- the place where the corporations high-level officers direct, control, and coordinate the corporations activities)
What are the two parts of specific JX?
1. LAS
2. Due Process
What happens if the venue is proper, but there is another proper venue?
1. whether the case might have been brought in the other venue.
2. whether transferring the case to that venue would promote the convenience of the parties and witnesses as well as the interest of justice (Eli Lilly) (a) private interest factors (b) public interest factors
How can you serve (1) an individual and (2) a corporation?
Individual
1. in hand
2. suitable age and discretion who resides at the defendant's dwelling.
3. authorized agent
4. state law
Corporations
1. delivering to an officer, managing agent, or a general agent
2. authorized agent
3. state law
Where can a defendant remove to?
State--> federal court (district and division that embraces the state court)
When will a plaintiff's AIC be accepted? When will it not?
Accepted-- The plaintiff's claim for more than the requirement amount will generally be accepted, if it appears to be made in good faith (St. Paul mercury).
Not accepted-- the judge is convinced to a legal certainty that the claim is less than $75K (St. Paul Mercury) OR the amount recoverable is capped by statute (Hotel Ramada).
What are the due process elements
1. minimum contacts (PA RA)
2. Related (arise out of or related)
3. fairness factors (burden on defendant, forum state's interest, plaintiff's interest, federalism, substantive social policies)
What is forum non conveniens?
Dismiss if adequate available foreign forum.
Apply the private and public interest factors.
What are the pros and cons of waiving service of process?
1. Pros-- 60 instead of 21 days to answer
2. Cons-- if you don't state a good reason for waiving, then you are responsible for all the costs associated with service
What does the defendant file? What does a plaintiff file?
A notice of removal (specify the grounds for removal/SMJ, summons, and complaint)
Motion to remand-- SMJ anytime, 30 days for procedural defects.
What is the aggregation rule? What are the exceptions?
1 plaintiff : 1defendant, aggregate all claims.
Exceptions
- common undivided interests
- Supplemental JX (first plaintiff meets AIC, CNOF, and complete diversity)
- Class Action
what do you analyze for contracts, torts, and stream of commerce cases?
Contracts-- PA RA (where did the parties negotiate? Choice of law? Where was performance due?)
Torts-- (1) defendant aimed tort at a person in the state, (2) defendant aimed to harm other people in the state.
Stream of commerce-- Requires a defendant to have directed some kind of activity to the forum state beyond the mere sale of another company's product containing the defendant's component.
What are the private interest factors and what are the public interest factors?
Private
1. the plaintiff's choice of forum (weighed heavily)
2. the defendant's choice of forum
3. where the claim arose
4. the convenience of the parties
5. the convenience of the witnesses
6. ease of access to evidence
Public interest
1. transferee's familiarity with governing laws
2. relative congestions of calendars of potential transferee courts
3. local interest in deciding local controversies at home
How do you determine if service was constitutional?
Mullane test-- the service must be reasonably calculated under all the circumstances to appraise and afford an opportunity for the defendant to present their objections.
What is the exception to removal?
In state defendant rule-- the removal statute bars removal of diversity cases if any defendant is from the forum state.