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| Personal jurisdiction can be obtained by serving a person within the territory of the forum state, or by voluntary appearance. |
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Personal jurisdiction can be aquired by non-resident motorist statute.
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The situs of the debt moves with the debtor.
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| A person must have such minimum contacts with a state so that requiring him to appear would not offend fair play and substantial justice. |
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The defendant must do something to purposefully avail himself of the laws and protection of the state.
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A person should reasonably anticipate defending a suit in the forum when his contacts with the forum are systematic and continuous.
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| Due process does not allow states to maintain jurisdiction over noresident buyers, where the buyers are passive purchasers. |
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| Unilateral activity cannot establish jurisdiction (P's driving of car into OK). |
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Split Decision O'Conner's Stream of Commerce Plus - D must doe somthing more than place product in the stream of commerce. Brennan's Pure Stream of Commerce - Placing product in the stream of commerce is enough. |
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State can maintainpersonal jurisdiction over D if effect of D's act is felt in state. - Intentional tort
- D directed at the forum.
- Brunt of harm felt in forum.
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Zippo Test (website interactivity) Three types: - Doing busines over the net
- Interactive (forums)
- Passive (information)
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| A state may exercise general jurisdiction if a D's contacts with that state are so systematic and continuous (so related) that it is reasonable for them to expect to be hauled into court there. |
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The lower the contacts, the greater they must be in relation to the forum for general jurisdiction.
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Nowak v Tak How (scope of specific jurisdiction) |
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| A state may exercise jurisdiction over a party when that person has limited contacts which have a substantial connection to the claim against him. |
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| The Int'l Shoe minimum contacts test applies to quasi in rem actions. |
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A state may exercise jurisdiction over a person located within its borders. (Argument between Scalia and Brennan over tradition and contemporary law.) |
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Nowak v Tak How (Reasonableness) |
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Gestalt Factors - Burden on D
- Interest of Forum
- P's Covenience
- Judicial Systems Interest
- Affected Government's Interests
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Person served under Rule 4(h) must be a representative so integrated with the organization that he will know what to do with the papers.
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Mullane v Central Hanover
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| Was notice reasonably calculated under all of the circumstance to apprise interested parties. |
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When mailed notice of tax sale or foreclosure is returned undelivered, the government must do something more.
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| Mennonite Board of Missions |
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| Constructive notice is not adequate when the name and address of the interested party is known. |
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Underwood Farmers v Leidholm
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| Waiver of service must be made knowingly, voluntarily, and intelligently. |
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Must hold pre-attachment hearing, unless there is some great reason. Must look at: - D's interests
- Risk of Erroneous Attachment
- P's Interests
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Case "arises under" when federal law creates the cause of action.
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An Essential Federal Ingredient exists in a state cause of action when: - Necessity - A federal issue is necessary to state the claim.
- Actually Disputed -The federal issue is actually disputed.
- Federal Expertise - The federal issue is substantial.
- Disruptiveness - The issue must not interupt fed/state balance.
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Well Pleaded Complaint Rule Only the necessary elements of a claim will be considered in determining if the case arises under federal law. Defenses raised in P's complaint wil be ignored. |
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An action for declaratory relief would arise under 1331 if a suit for damages would raise the issue. - Determine which of the parties would have been the P seeking coercive relief.
- Run either the creation test or the essential federal ingredient test.
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Complete diversity needed for 1332 purposes. All parties on one side of the "v" must be from different states than all parties on the other side of the "v". |
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Lundquist v Precision Valley Aviation
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Domicile = Citizenship Domicile is: - Person takes up residence somewhere.
- Intends to remain there indefinitely.
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Corporations citizenship is its state of incorporation and its principle place of business. Total Activity Test: Look at total activity of business and apply either the Nerve Center test or the Activity Test |
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Unincorporated associations and organizations are citizens of every state and country of which any of its members is a citizen.
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| Citizenship determined at the time of filing. |
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Coventry Sewage v Dworkin
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The amount needed to satisfy 1332 is determined at the time of filing. Good Faith Test - if P had no reason to know that the amount in contoversy was wrong. Legal Certainty Test - if it is apparent from the face of the pleadings, to a "legal certainty" that the plaintiff cannot recover or was never entitled to the amount in the complaint, then the case will be dismissed. |
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United Mine Workers v Gibbs
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Fed. Ct may exercise jurisdicton over a case with federal and state components when: - The fed. claim "arises under"
- The claim meets SMJ
- The claims are CNOF related
- Claims are such that they would reasonably be expected to be tried as a whole.
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There must be complete diversity for supplimental jurisdiction cases.
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McCurtain County Prod. v Cowett
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All D's to the suit must join removal or none may remove. |
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Rules 1441(c) unconstitutional. 1441(c) extends jurisdiction beyond the outrbounds of Art. III, Sec. 2. Gibbs gives rule that CNOF related causes are at the extent of Art. III. Anything beyond that is unconstitutional. |
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| First of Michigan v Bramlett |
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| Venue is proper wherever a substantial portion of the events occurred. |
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Convenience of parties and witnesses and interests of justice must substantially outweigh P's choice of forum. Factors: - Availability of parties and witnesses
- Location of counsel
- Locaton of records
- Location of wrong
- P's choice of forum
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| Party objecting to venue must show enforcement would be unreasonable and unjust. |
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| If state has a strong policy against forum selection clauses, it will not be enforced. |
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The possibility of an unfavorable change in law does not bar dismissal on the ground of forum non conveniens - except where the remedy would be clearly unsatisfactory. |
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