Federal Jurisdiction

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PERSONAL JURISIDCTION IN FED CTS

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FEDERAL COURTS APPLY THE LAW OF THE STATE IN WHICH THEY ARE LOCATED

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SMJ: DIVERSITY

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Citizen State A v. Citizen State B OR
Citizen of Some State v. Alien

AND > $75K

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CITIZENSHIP - INDIVIDUALS

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a)Individuals are a citizen of the state where domiciled (for decedents, minors & incompetents, look to their domicile, not the representatives)

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CITIZENSHIP - CORPS

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where incorporated and where HQ’d (nerve center)

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CITIZENSHIP - P-SHIPS

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where any partner (general or limited) is a citizen

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CITIZENSHIP - CLASS ACTIONS

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ook to representative only (for both diversity & amt of claim)

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DETERMINING DIVERSITY
- General Rule
- Timing

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i)Complete Diversity Rule - There can be no common state between any P & any D

ii)Timing – Must be diverse at filing, all other times irrelevant

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DIVERSITY JURISDICTION: Calculating the > $75K Requirement

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a)Can aggregate if 1P v. 1D
b)Joint tortfeasors are each liable for full amt, so can sue 3D for $75K (and a penny) in total
c)Injunctions are calculated by either the D’s cost of compliance or P’s harm suffered

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WHAT CLAIMS MAY NOT BE BROUGHT UNDER DIVERSITY JURISDICTION?

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Divorce, alimony, child custody, probate

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FEDERAL Q: Well pleaded complaint rule –

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if the complaint were well pleaded, just stating P’s claim w/ o extraneous material, would it be federal? (is P enforcing a federal right)?

Not if, e.g. asserts federal law as defense

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SUPPLEMENTAL JURISDICTION: Test

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i)Does the claim share a common nucleus of operative fact?

If arises from same transaction or occurrence (T/O) -> YES

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SUPPLEMENTAL JURISDICTION: Limitation

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A P cannot use supplemental jurisdiction to overcome a lack of diversity

a)Does not apply to D’s
b)Does not apply if P is overcoming the amt requirement (diversity only)
c)Basically, this just reinforces the complete diversity rule

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SUPPLEMENTAL JURISDICTION: Court's discretion

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Court has discretion to not hear supplemental claims if
a)Fed Q dismissed early
b)State law claim is complex
c)State law issues would predominate

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WHAT IS REMOVAL?

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1.DEFENDANTS ONLY MAY REMOVE A CASE FROM STATE -> FED COURT IF THERE IS FEDERAL SMJ

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REMOVAL PROCESS

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i)D files notice in federal court stating grounds of removal
ii)No later than 30 days after service of the first removable document
a)Diversity cases: shorter of 30 day period or 1 yr after the case was filed in state ct
iii)Attach all documents served on D in state action
iv)Copy to all adverse parties
v)File copy in state court

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REMOVAL: P's OPTIONS

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i)If removal was improper procedurally -> P may move to remand to state court w/in 30 days of removal
ii)If removal was improper on the grounds of SMJ -> P can move to remand at any time (and the court can remand sua sponte)

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WHEN IS A D's RIGHT TO REMOVAL WAIVED?

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If D files a permissive (vs. compulsory) counterclaim in state court

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WHO MAY SERVE PROCESS?

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ANY PERSON WHO IS

NOT A PARTY &
IS 18+

MAY SERVE PROCESS

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WHAT METHODS ARE ACCEPTABLE?

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Can use any method authorized by

i)FRCP (below)
ii)NY Law
iii)State X Law (where service is effectuated)

*But note: can only serve D outside NY where NY laws would allow!

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FRCP – METHODS OF SERVICE

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i)Personal service anywhere in state

ii)“Substituted Service” – deliver to someone of suitable age & discretion who resides at D’s usual abode

iii)Agent service

iv)Waiver by mail

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WAIVER BY MAIL IS

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mail complaint + 2 waiver forms w/ self-addressed envelope. If D mails back w/in 30 days = waiver. If not, need regular SOP, but D pays.

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ERIE DOCTRINE

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IN DIVERSITY CASES, COURT MUST APPLY STATE SUBSTANTIVE LAW

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WHAT LAWS ARE SUBSTANTIVE?

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a)Elements of a claim/defense

b)SOL & tolling rules

c)Choice of law rules

*A FRCP is valid if “arguably procedural” (none has ever been held invalid)

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IF FED PROCEDURAL LAW CONFLICTS WITH STATE PROCEDURAL LAW:

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Apply Fed Law

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IF NO CLEAR CONFLICT BETWEEN FED & STATE PROCEDURAL LAW

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Balancing test
a)Outcome determinative
b)Balance of interests
c)Avoid forum shopping

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SPECIAL NY ERIE CASE:

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NY’s law that provides a new trial based on inadequate or excessive damages if the verdict “substantially deviates” from other verdicts that allows appellate courts to review w/o deference to trial courts is…
i)Procedural re: appellate court review
ii)Substantive re: “deviates materially” standard

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VENUE: LOCAL ACTIONS

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File where the land lies
i)Incl. actions re: ownership, possession, or injury to land (including trespass)

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VENUE: TRANSITORY ACTIONS

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1.File where
i)All D reside
a)Or, if all D reside in 1 state but not in same dist. -> any distr. in which 1D resides

ii)A Substantial part of the claim arose

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Corporations & business orgs are “residents”

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of any district where they are subject to PJ when the case is filed

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IF VENUE IMPROPER IN ORIGINAL COURT

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Court may transfer if the convenience of parties, witnesses, and interests of justice support a transfer.

Look to
i)Public Factors – what law applies, which place should be burdened with jury service
ii)Private Factors – where are the witnesses & evidence

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IF VENUE PROPER IN ORIGINAL COURT

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court may transfer in the interests of justice OR dismiss.

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2 P’s MAY SUE TOGETHER IF

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i)Arise from the same T/O and

ii)Raise at least 1 common Q

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D's MAY BE SUED TOGETHER IF

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i)Arise from the same T/O and

ii)Raise at least 1 common Q

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IS THE ABSENTEE NECESSARY?

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Yes if...

i)Can’t accord complete relief among those joined w/o absentee

ii)Absentee’s interest will be harmed if not joined

iii)Absentee claims an interest which subject a party to the possibility og multiple obligations

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IF NECESSARY PARTY IS ABSENT

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Ask whether necessary party can be joined (is there PJ over the party? Will it destroy diversity?)

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IF NECESSARY PARTY CAN'T BE JOINED...

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Proceed or dismiss, balancing the following factors:

i)Availability of alternate forum where all may be joined
ii)Likelihood of harm by proceeding
iii)Can court shape order to avoid such harm?

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IF COURT DISMISSES -> Call the necessary party

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“indispensible” (but only gets this name at dismissal)

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COUNTER-CLAIM IS COMPULSORY IF

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arises from same T/O (must be filed w/ answer or is waived)

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CROSS-CLAIMS ARE PERMISSIBLE IF

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arise from same T/O as underlying claim

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IMPLEADER:

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D joins third party D (indemnity or contribution)

BY RIGHT - 14 DAYS
BY CT PERMISSION AFTER

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INTERVENTION:

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Absentee wants to join pending suit

AS OF RIGHT IF NECESSARY PARTY

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INTERPLEADER: Definition

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“Stakeholder” holds property & wants to force all “claimants” into a single case to avoid multiple litigation or threat of inconsistent results

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INTERPLEADER PROCESS: Rule Interpleader

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follows the same rules as diversity cases to find SMJ

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INTERPLEADER PROCESS: Statutory Interpleader

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a)1 claimant must be diverse from another claimant (min. standard)
b)$500 or more
c)Nationwide SOP
d)Venue where any claimant resides

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CLASS ACTIONS: Initial requirements

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a)Class too numerous for practicable joinder
b)Q of fact/law in common
c)Rep’s claims/defenses typical of class
d)Rep will fairly & adequately represent the class

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CLASS ACTIONS: Type

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a) Class necessary to avoid harm to class members or opposing party (e.g. limited fund to satisfy claims)

b)Injunction/declaratory judgment only sought

c)Damages sought + common Q’s predominate AND class action is superior method for resolution (e.g. mass tort)

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CLASS ACTIONS: Court must...

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Court must determine at an “early practicable time” whether to certify.

If Y, must also
a)Define class
b)Appoint class counsel (to “fairly and adequately” represent the interests of the class)
c)In Type III Class Actions: give individual notice
d) approve settlements & dismissals

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CLASS ACTIONS: Notice in Type III Actions must be

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(usually by mail) to all reasonably identifiable members,

AND INCLUDE:
opt out option,
that they will be bound if they do not opt out, and
they can enter a separate appearance through counsel

*Rep pays

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COMPLAINT: Must contain

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i)SMJ statement

ii)Short & plain statement of the claim

iii)Demand for judgment

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SHORT & PLAIN STATEMENT OF THE CLAIM:

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Shows entlted to relief – need not be made with specificity,

but SCOTUS says P must plead facts supporting a plausible claim

*If fraud, mistake, or special damages asserted, must plead with spcifcity or particularity

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DEFENSES WHICH CAN BE RAISED IN ANSWER OR BY MOTION AT ANY TIME AT ALL

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Lack of SMJ

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DEFENSES WHICH CAN BE RAISED IN ANSWER OR BY MOTION AT ANY TIME DURING TRIAL

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Failure to state a claim

Failure ot join an indispensible party

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DEFENSES WHICH ARE WAIVED IF NOT IN 1ST DEFENSIVE RESPONSE

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Lack of PJ

Improper Venue

Insuficient process
(problem w/ docs)

Improper service of procees

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WHEN DOES A CIVIL LITIGANT HAVE A RIGHT TO A JURY?

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7TH AMENDMENT: Provides right to a jury in civil law cases in federal court only

Not equity actions – if mixed, jury decides facts underlying damages claims and court decides injunction claim. Try jury issues first.

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DEMAND FOR JURY MUST BE MADE:

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In writing, no later than 14 days after service of the last pleading raising a jury-triable issue

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VOIR DIRE

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3 “preemptory strikes” & unlimited strikes for cause

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WHAT MOTIONS CAN BE MADE TO SET ASIDE JURY JUDGEMENT?

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MOTION FOR JUDGMENT AS MATTER OF LAW (end of P's ev if D, or end of trial)

RENEWED MOTION FOR JUDGMENT AS MATTER OF LAW (after judgment)

MOTION FOR NEW TRIAL

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MOTION FOR NEW TRIAL: Requirements

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i)Timing – must move no later than 28 days after entry of the judgment

ii)Grounds –
a)Prejudicial error
b)New evidence that could not have been discovered in time for trial
c)Prejudicial misconduct of party or juror
d)Judgment is against the weight of evidence, showing serious error of judgment by the jury