1. Remove to the Federal District embracing the state court where the case was filed.

2. 30 days from serve date.

3. Can only remove if SMJx

Exceptions: 1. Cannot remove in a diversity case if D is citizen of forum.  2. Case more than one year after the case was filed in court.

Whenever a separate  claim or c/a within Jx conferred by § 1331, is joined with one or more otherwise non-removable claims or c/a, the entire case may be removed and the district court may determine all issues therein, or in its discretion, may remand all matters in which the state law predominates.

(Hear it all or send it back)

What is Removal § 1441 (f)?

The court to which a civil action is removed under this section is not precluded from hearing and determining any claim in such civil action because the State court from which civil action is removed did not have Jx over that claim.

(Allows to fix mistake of filing in wrong court)

What are the elements of Removal § 1443 

Civil Rights?

Any of the following may be removed from State court to US district court :

1. Equal civil rights of citizens

2. Any act under the color of authority derived from any law providing for equal rights.

What are the 4 types of Non-Removal Actions?

Removal § 1445

A civil action in any State court arising under...

1. Railroad or its receivers

2. A carrier or its receivers or trustees to recover damages or loss of shipments unless amount in controversy exceeds $10,000

3. Workmen compensation laws.

4. Violence Against Women Act of 1994

(RAWV)

What is the Procedure for Removal?

Removal § 1446

Removal § 1447

Procedure after Removal

What is required?

Transfer § 1631

Transfer to Cure Want of Jx

When a civil action is filed and the court finds there is a want for Jx, the court shall if it is in the interest of justice, transfer such action or appeal to any other such court in which the action or appeal could have been brought at the time of filing or notice.

(No PJ ,Venue)

Rule 12 (b)

Pre-Trail Motions

Name all Defenses

1. lack of subject matter jurisdiction 

2. lack of personal jurisdiction

3. improper venue

4. insufficient process

5. insufficient service of process

6. failure to state a claim upon which relief can be granted; and

7. failure to join a party under Rule 19.

Remember: LLIIIFF

Transfer § 1404 (a)

(a) For the convenience of parties and witnesses, in the interest of justice, a District Court may transfer any civil action to another District Court  or division where it might have been brought.

When PJ and Venue Proper

Upon motion, and the discretion of the court, any civil action may be transfered from the division that the case is pending to another division in the same district.

When PJ & Venue proper.

Transfer § 1406 

Cure or Waiver of Defects 

The district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss or if it be in the interest of justice, transfer such case to any district of division in which it could have been brought.

(P mistakenly files where there is only PJ. The D can then transfer) 

Venue § 1391

(a) Civil action in Diversity only:

1. Venue only in judicial district where any defendant resides if all in same state.

2. A district where a substantial part of the events occurred giving rise to the claim.

3.  Any Defendant is subject to PJ at the time the action was commence, if there is no district in which the action may otherwise be brought.

(d) An alien may be sued in any district

(e) An officer of US or under color of authority may be brought in any district where the defendant in the action resides, or a substantial part of the events occurred giving rise to the claim.

US District Courts

Exclusive Jx

Name 5 

Original Jx:

1. Patent

2. Plant Variety

3.  Copyright

4. Postal Matters

5. Taxes by States

6. Admiralty

7. Bankruptcy

1. Personal Jx

2. Subject Matter Jx

3. Venue

Form of action against an individual, company, or other entity.

Action against the nature of attachment.

Over personal property related to c/a

Over Real Property unrelated to c/a

Where an object or piece of land is the subject of the lawsuit.

Over Real Property.

1. By Contract

2. Waiver (Rule 12 (b)(1), (g), (h)(1))

3. Counterclaims

1.Physical Presence (Pennoyer)

2. International Shoe

a. Min Contacts

b. And does not offend traditional notions of fp & sj

3. Waiver- Rule 12 (b)(2), (g), (h)

4. Consent- Explicit - Contract, Implicit- 

5. Necessity- Footnote 37 Shaffer

Explain rule from Pennoyer

Physical Presence is the chief basis for PJ

1. Person- where they live, in any forum served.

2. Corporation- Inc, Principal place of business

3. Ownership of land

a. Provided land attached at outset

b. Recovery limited to value of property

4. Related to c/a

1. Minimum Contacts

What were the nature and extent of the D's contacts with the state?

OR- Purposeful Availment to forum (if no contacts)

2. Fair Play and Substantial Justice

a. Benefits and Protections

b. Five Factor Test 

1. Burden on D

2. Interest of P

3. Forum state's interest in resolving dispute

4. Judicial Economy

5. Shared Interest of the several state in furthering fundamental substantial social policies.

1. D acts intentionally

2. Act is expressly aimed at forum

3. Causes harm, brunt of which is suffered and D knows or should have known is likely to be suffered in the forum.

Note: Limits? Defamation and Intentional Tort cases. (9th circuit)

The D's limited contacts with forum result in cause of action related to these contacts.

Foreseeability = Predicitability

Stream of Commerce 

What are the Maj & Min views on Stream of Commerce for Specific Jx?

1. (Majority) O'Conner- Purposefully directed to Forum

2. (Minority) Brennan- If D aware that product may end up in forum state, provided also comports with fp & sj.

Specific Jx- Internet

What are the three approaches?

1. Passive- Not grounds for asserting Jx without more

2. Wholly interactive- Basis of Jx when entering into contracts with residents of foreign Jx that involve knowing and repeated transmissions online.

3. In between- Jx will be determined by examining the level of interactivity. Must give nature to the c/a.

Specific Jx in California

What are the requirements?

1. D purposefully availed himself.

a. Benefits and protections.

b. Actual Acts

2. Substantial Nexus- between c/a and D's contacts with forum; controversy related to or arise from c/a

3. Assertion of PJ would comport with fp & sj.

a. Balance the convenience of parties and the interests of forum (ie 5 factors)

9th circuit also uses the same test for its analysis of SJx.

1. Reside in forum state

2. Presence at time of service

§ 1391 (a)

1. Where the D resides if all D's reside in same state

2. Where substantial amount of activity occurs

3. Where PJ over D.

(If they all fall in same state with multiple districts, any district that they reside)

§ 1391 (b)

1. Where D's reside if all D's reside in same state

2. Where substantial amount of activity occurred

3. Where D is found

§ 1391 (c)

Where Subject to PJ

§ 1391 (d)

Anywhere

CCP § 392

County of situs

§ 395

1. Generally where the D resides

2. In Negligece or Personal Injury- Where injury occured or D resides.

3. Contract to perform- Where obligation is to be performed or entered into, or D resides

§ 395.5

• Where K is made or performed
• Where obligation or liability arises or breach occurs
• Principle place of business (ppb)

1. Reasonably calculated to apprise party AND

2. Provide a meaningful opportunity to be heard.

Mullane v. Central Bank

1. Rule 4

    a. Form 5 - return in reasonable time, at least 30 days or will be responsible for costs.

2. Rule 12 (a)

§415.10 - Personal Service

§415.20 Leaving a copy-

a. At Abode- must be member of household, or

b. Office- Person apparantly in charge 

i. Informed of contents

ii. 18 yrs +

iii. Subsequent mailing w/ service deemed effective 10th day after mailing.

§415.30 Mail- Return receipt within 20 days of mailing or additional costs to D.

§415.40 Publication

§415.50 Corp-

i. Agent

ii. Officer of Company. 

P,D/O,M,P,C

If indivdual- Pursant to laws of state which district sits

By Mail

In Person

By Agent if authorized

By Publication

If Corp: Pursant to laws of state which district sits

Delivery (personal) to Officer, agent

By mailing to each D.

What is the Hague Convention?

Rule 4 (k)(1)(b)

If party is joined under Rule 14 or 19, PJ is established.

Other Jx- 120 days

CA- requires filing and service before Statue of Limitations expire.

1. When the court designated in Complaint is not proper court.

2. When reason to believe cannot obtain impartial jury.

3. Convenience of witnesses and ends of justice promoted.

4. When from any cause, there is no judge qualifed to act.

5. In domestic relation causes.

What section is Diversity of Citizenship?

Explain Elements

§1332

1. Amount of controversy over $75,000

2. Citizens of different states

3. Citizens of a state and citizens of a foregin state

A rule of procedure that Fed Q Jx cannot be acquired over a case unless an issue of Fed Law appears on the face of a properly pleaded complain.

Note:  Not satisfied by Defense answer or anticipated defense.

What is Pendent Jx?

28 U.S.C. § 1367(a)

If P has both State and Fed claims, the Fed Court has discretion to combine them and hear them all at once.

Ex. United Mines v. Gibbs

SMJx is to power of the court to adjudicate the matter before it.

Venue relates to the proper district in which to bring the matter.

What are the two factors to discuss with Hanna?

Twin Aims of Erie

1. Avoidance of forum shopping.

2. Avoidance of the inequitable administration of the law.