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21 Cards in this Set

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  • Back
Notice must be reasonably calculated under the circumstances. Publication was not reasonably calculated. It should have been mailed by ordinary mail. Notice by publication was reasoanble as to beneficiaries whose interests could not be ascertained or whoese whereabouts were not konwn. Due Process und er amendment 14 and FRCP 4. Floor is way lower. If you meet this thien it works. Frcp is way heigher.
Subject matter jurisdction prong 3
28 USC 1367
International Shoe
11-13 salespeople milling around in the state constitutes minimum contacts.
Piggyback rule (add this to the notecards)
heigher pleadings with fraud claims.
Every defendant has a duty to waive summons to avoid unneccessary costs. If this is not waived, 4d2 states that the defendant shall impose the costs incurred in effecting service on the defendant uness good cause for the failure be shown.
Corporations are determiend to be a citizen of any state by which it has been incorported and wher eit hss its principal place of busniness.
World Wide Volkswagen
MC: the defendnats connections with the forum state must be sufficient enouh such atha the defendant should resaosnbly anticipate beign brought into court in that state. When a defendant pruposefully avilas itself of the privilege of conducitn gbusnies sin a forum state, then teh defendnat hsa clear notice that it is subejct to suit in the state.
Caulder v. Jones
Minimun contacts are satisfied for intenational torts when the nonresident defendnat engages in conduct that is directed at and cuases harm to a resident of the forums tate.
Amend back to avoid a statute of limitations problem is allowed when 1)the state allows for you to relate back or 2)that this arose out of the same transaction or occurance or 3)the party must have know of the suit but for a mistake.
The kedra family suing the police. Multiple parties may be jioned in the same case if osme of the claims if they are reasonably releated and arise out of the same T&O.
Carnival cruise lines consent framework
Conset through contractual clause can count as conset juridiction, as long as three conditiosn are met; 1)Defendnat has special interest in limiting forum. 2)limiting forums significatnly saves resources. 3) clause helps the plantiff (through reduced costs for example). 4) its in good faith.
Reminds us that rule 8a only requires us to have a simple statement about why the paltniff is entitled to relief.
the carrot and the stick--if the parties wavie service then they get the carrot, they don’t have to pay for the plantiff's costs of service. If they don’t, they get the stick--they have to pay the plaintiff's costs of service.
Courts are reluctant to allow joinder of new parties even when it’s a result of new evidence brought up in discovery.
Plantiff only needs a short and plain statement as to why he is entitled to relief.
Compliant should not be disregarded for failure to state a claim unless it appears beyond doubt that the palntiff can prove not set of facts or cause of action to support a claim.
Form 9 has..
Allegation of jursidiction. Dates. A neglignece claim. Causation. Damages. Actual numbers for damages.
one contract with the forum state is enouph since 1)defendnat solicited the busniess. 2) plantiffs claim arose from defendnats contact with forum. 3)state’s interest in protecting its citizens from out of state companies.
More like 1367a: where the case has to arise from the same case or controversy/T&O. Common Nucleus of Operative Facts. Relates to the whole of 1367.
Pendant Jurisdiction has now become..
Supplemental Jurisdiction, 28 USC 1367--Jurisdiction over a claim that is part of the same case or controversy as another claim over which the court has original jurisdictoin.