Federal Jurisdiction & Procedure

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federal courts have ______ jurisdiction

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limited

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two jurisdictional bases in federal courts

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1. arising under federal law, or

2. diversity jurisdiction

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arising under jurisdiction

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1. claim is created by federal law; or

2. claim is created by state law but depends on substantial federal question

*federal question cannot be a defense

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diversity jurisdiction

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there must be:

1. compete diversity, and

2. amount in controversy exceeds $75K

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rule of complete diversity

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no single P may be resident of same state as any D (complete diversity across the v.)

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citizenship

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individuals: domicile (where they intend to remain)

corporations: state of incorporation and principal place of business

unincorporated associations: every owner counts as a separate domiciled person for diversity

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Aliens

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"pure aliens"--may sue or be sued by non-alien with diversity. may not be sued by another alien based on diversity.

admitted permanent residents--treated as citizens, domiciled in state of permanent residence

American citizen outside of U.S.--may never sue or be sued based on diversity

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supplemental jurisdiction

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if two one claims, and one has primary federal jurisdiction, but the other does not, fed cts. have discretion to assert supplemental jurisdiction over both if:

they derive from a common nucleus of operative facts.

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supplemental jurisdiction exceptions

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if primary basis is diversity, Ps cannot use supplmental jurisdiction to bring claims against nondiverse parties.

Ds can use supplemental jurisdiction to bring add'l claims against nondiverse parties

Ps can use supp. jurisdiction to bring add'l claims against diverse parties, even if the claims do not exceed $75K

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removal

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Defendants may remove an action from state court to federal court that geographically embraces the state court by:

1. filing a notice of removal,

2. within 30 days of service of state court complaint

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remand

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Plaintiffs may file a motion to remand the action back to state court within 30 days of filing the notice of removal, federal court must remand if there is no federal jurisdiction

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removal exception

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if basis for primary federal jurisdiction is diversity, case may not be removed if any single defendant is a citizen of the state where action was filed.

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Erie Doctrine

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if there is a choice of law between federal or state law:

state law governs, unless there is a federal statute, rule of civil procedure, or rule of evidence on point.

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full faith and credit

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federal court must recognize and credit any final judgment issued by a state court.

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abstention

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federal court will refrain from resolving substantial, pending state court issue

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temporary restraining order

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emergency order, entered by court for 14 days to prevent irreparable harm & preserve the status quo

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preliminary injunction

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only upon notice, to prevent irreparable harm and maintain the status quo, before a trial on the merits

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Process of Service:

1. Who can serve

2. Rule

3. Methods (A WASP)

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1. anyone 18+ y/o

2. process proper if: a. method is proper under federal rules, and b. process is constitutional

3. Abode service; waiver; agent; state methods; personal service

4. Constitutionality: method reasonably designed to inform parties of litigation

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Venue

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venue proper where:

1. substantial part of the claim arose,

2. D is domiciled if all Ds domiciled in same state, OR

3. the property at issue is located

If none of those work, venue is still proper if court has Personal Jurisdiction over D

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If venue is improper?

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1. D files a motion to transfer;

will be granted for convenience of parties and witnesses and in the interest of justice

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general requirements for pleadings

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complaints must contain sufficient facts to place adversary on notice of plausible claims

*fraud claims require heightened particularity

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claims the must be filed in first responsive pleading (otherwise waived)

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1. mtn to dismiss for lack of PJ

2. improper service of process

3. mtn challenging venue

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Amendments

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Pleader has right to amend pleading within 21 days of service.

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relation back of amendments to conform with the statute of limitations (new claims)

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an amendment adding new claims relates back to the date of a timely filed complaint if:

1. claim derives fom same transaction or occurence as

2. same timely filed claim

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Relation back of new parties to conform with SOL

Back 25

1. derived from same transaction or occurrence, AND

2. new party must acquire knowledge that but for a mistake in name, it would have been sued

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joinder (claims)

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a party may join as many claims as it has against an adversary, regardless of relation of the claims

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joinder (parties)

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may join if claims derive from same transaction or occurence, or same series of transactions or occurrences

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counterclaims

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claim filed by D against P

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permissive counterclaim

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counterclaim that does not derive from same transaction or occurrence as P's.

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compulsory counterclaim

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counterclaim derived from same transaction or occurrence, must be filed as a counterclaim or it is forever waived

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impleader

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3rd party claims.

D may implead 3rd party if 3rd party may be liable for all or part of D's liability

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Interpleader

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holder of a common fund may filed lawsuit as P and sue all rival claimants

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Interpleader statutory diversity

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diversity satisfied if:

1. minimum diversity: any 2 rival claimants are enough

2. $500 or more in controversy

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Intervention

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Act of non-party intervening to become a party

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Intervention as of right

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intervenor has right if it has an interest which as a practical matter will be harmed by parties and not protected

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permissive intervention

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court has discretion to grant if there is commonality of interest

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Indispensable parties

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A nonparty must be joined if its absence would be prejudicial to any party's right to a full and fair adjudication

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If court lacks jurisdiction over an indispensable party

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court must decide in equity and good conscious whether to go on without non-party, or dismiss hte entire action

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Class actions

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an action in which a named party represents a class of commonly-situated absent parties

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Federal courts have jurisdiction over class actions with...

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1. 100 or more Plaintiffs,

2. who together seek an amount in excess of $5mil if any single Plaintiff is from a different state than any single D

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Certification requirements for Class Actions (the little engine that just CANT)

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Commonality: common issues of fact or law and common injuries

Adequacy: named party fairly and accurately represents the class

Numerosity: more than 40 class members

Typicality: claims of naimed party must be typical of class

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Discovery--material is discoverable if (2)

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1. method of discovery is proper, and

2. the material sought is within the proper scope

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Discovery methods: automatic prompt and mandatory disclosure (4)

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all parties must disclose (without request):

1. all potential supporting witnesses

2. all relevant supporting documents

3. a damages computation

4. relevant insurance coverage

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the deposition

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only method that can be used on a non-party

*limited to 10 per side

*7 hours each

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request for physical or mental examination

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only method that requires a court order, that will be granted upon good cause shown

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electronic discovery

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need not be produced if:

1. party shows it would be an undue burden

2. court may order production upon good cause shown (proportionate costs/benefits)

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Duty to supplement

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on-going, automatic

parties must disclosed newly discovered information within a reasonable time

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Scope of discovery

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relevant and not-privileged

Relevant: any part of any claim or any defense. Need not be admissible at trial

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Not privileged (Work product)

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Work product: any material prepared for litigation not in ordinary course of business

Two types:

1. attorney's metnal imporessions--never discoverable

2. all other forms--not discoverable unless requesting party shows a substantial need

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Sanctions

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Failing to respond to a discovery request: party can move to compell production

Failing to disclose duing Automatic Prompt Disclosure: cannot use info they failed to disclose unless show a substantial excuse

Violating court order compelling discovery: Court may bar you from using evidence or presenting any claim or defense

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Motion for SJ

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can be filed up to 30 days after close of discovery.

granted if non-moving party fails to present a fenuine issue of material fact for trial

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Motion for Judgment as a Matter of Law

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After other side has rested it's case, motion will be granted if:

there is a legally insufficient evidentiary basis from which a reasonable jury could find for the other party

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Renewed motion for judlment as a matter of law

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may renew mtn for JML within 28 days of judgment. will be granted if:

there was legally insufficient evidentiary basis from which any reasonable jury could have found for non-moving party

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Motion for new judgment

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within 28 days of judgment. granted at court's discretion for:

1. errors at trial effecting substantive trial rights, or

2. verdict against the weight of the evidence

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res judicata (claim preclusion)

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a claim which has been fully and fairly litigated to a final judgment cannot be relitigated.

1. final order on the merits;

2. same D and same P or in privity;o

3. same claim

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process of service methods (AWASP)

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Abode: server leaves process at party's last and usual abode within someone who lives there of suitable age

Waiver: mails complaint and asks D to waive formal process (if D waives, he gets 60 days to respond instead of 21)

Agent: personal service or mail req to waive to an authorized agent

State methods: any method allowed in the state

Personal service: personal, in-hand delivery to D

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Rule of appellate review (exceptions)

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only final orders can be appealed

Exceptions:

1. partial final order--an order resolving some claims but not all claims

2. discretionary appeal--of interlocutory orders if doubt, controlling issue of law

notice of appeal within 30 days after judgment

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collateral estoppel (issue preclusion)

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1. final order on the merits,

2. issue actually litigated,

3. issue essential to judgment, and

4. D had a fair opportunity to litigate the issue