Civil Procedure Outline

ESTABLISHING JURISDICTION

Subject Matter Jurisdiction (or motion to dismiss for lack thereof)

Orig. Jurisdiction= Diver. Or FQ. Once you have one of those, then you can get supplemental. (i.e. if original claim is on diversity, it must meet the entire $75K requirement itself)

Diversity of Citizenship 28 U.S.C. § 1332

at time of filing complaint

1. Amount in dispute > $75,000 AND

1. Citizens of different states (def), OR

2. Citizens of a state and a foreign state (except if perm. Resident alien and domiciled in same state as other party); OR

3. Citizens of different states and of which citizens of foreign states are additional parties; OR

4. Citizens of a foreign state as plaintiff [per §1603a] and citizens of a state or different states

Federal Question Jurisdiction 28 U.S.C. § 1331

Any civil action that arises under the constitution, laws, or treaties of the United States

-Essential Federal Element must appear on the face of the plaintiff’s well-pleaded complaint [Louisville & Nashville RR. v. Mottley]

Article 3 of the US Constitution

Any civil action affecting ambassadors, other public ministers and consuls, cases of admiralty and maritime jurisdiction, controversies to which the US is a party, controversies between two or more states, between a state and citizens of another state, between citizens of the same state claiming lands under grants of different states

-In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party, the Supreme Court shall have original jurisdiction

SUPPLEMENTAL JURISDICTION

• Once the court has original jurisdiction, all other claims can fall under supplemental jurisdiction

• Supp Jurisdiction on federal question claim= Pendent Jurisdiction

• Pendent Juris. is a doctrine of discretion, it is not a right-justification lies in considerations of judicial economy, convenience and fairness to the litigants (Gibbs)

• If a state claim predominates it can be dismissed

• Fed claims dismissed before trial- state claims should be as well (Gibbs)

Supplemental Jurisdiction § 1367

UMW v. Gibbs: The supplemental claim must arise under the “common nucleus of operative facts” as the federal claim.

Under §1367, the district courts may decline to exercise supplemental jurisdiction if:

1. Claim raises a novel or complex issue of state law

2. Claim substantially predominates over the claims over which the district court has original jurisdiction

3. The district court has dismissed all claims over which it has original jurisdiction

4. Other exceptional circumstances

SERVICE/NOTICE (or motion to dismiss for lack of/improper)

Must meet both:

1. Rule 4(e)

1. Pursuant to state law of which the district court is located, OR

2. Personally delivering a copy of the summons and of the complaint, OR

3. Leaving copies of the summons and complaint and the individuals house with someone of suitable age and discretion, OR

4. Delivering a copy of the summons and complaint to an agent authorized by appointment or law to receive such

2. Constitutional Standard- 14^th Amendment Due Process (Mullane v. Central Hanover Question)

   1. “must be reasonably certain to inform those affected” OR

   2. Form chosen is not substantially less likely to bring home notice than another method

Problem with actual notice?

PERSONAL JURISDICTION (or motion to dismiss by D for improper)

Jurisdiction in State X over Defendant if:

1. Defendant is a resident of state X (Pennoyer v. Neff)

If not a resident of State X:

2. Long Arm Statute: Does the state have a long-arm statute to capture the out-of-state defendant? If so, is it satisfied? AND

3. Find and personally serve defendant in state X (TAG- reaffirmed in Burnham v. Superior) OR

4. Defendant “appears” (responds/answers to the complaint or consents) [Pennoyer] OR

5. Minimum [International Shoe] & Purposeful [WW Volkswagon] contacts that establish either:

   1. General Jurisdiction: Systematic & Pervasive contacts, may be sued for anything [Goodyear Tire & Helicopteros]. Consent, Residence and TAG gives you GJ

   2. Specific Jurisdiction: No consent, residence or TAG but have contacts that give rise to the litigation. Overall Question: Could D reasonably have anticipated being brought to suit here?

      1. If minimum contacts are met, Asahi fairness factors (must weigh heavily against if MC are met):

         1. Consider actual burden on D for litigating in the forum

         2. Consider burden on P if they were unable to go forward here (burden of having to file somewhere else)

         3. Consider interest of the forum state in hearing the case (Is it its law? Is one of the parties a resident?)

         4. What is the interest other forums would have litigating the case?

         5. Is there a forum that would be better served to hear the case?

VENUE (Motion to dismiss for lack thereof or transfer venue pursuant to § 1406—below)

28 USC 1391(b)

1. District in which D resides (domiciled) IF all defendants residents of the state where district is located, OR

2. Any district in which substantial evens giving rise to the suit occurred, OR

3. If no district under (1) or (3), any district in which and D is subject to the court’s PJ

TRANSFER OF VENUE (§1406 if bad venue, §1404 if good)

• Just because venue goes against Forum Selection Clause, that does not mean venue is bad (Lauro Lines)

• However, presence of a forum section clause weighs very heavily in a §1404 analysis (Rico / Lauro Lines)

§1404(a)

For the convenience of parties and witnesses, in the interest of justice, district court may transfer to another district where it could have been brought (SMJ, PJ, and V must be good) (same factors as fairness factors for PJ)

-Thumb on the scale for P’s choice of venue. D must argue the district she seeks is substantially preferable to the current district.

-Convenience of Parties: Interests of P, Interests of D

-Convenience of...

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