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| FQ: case must ARISE OUT OF federal RIGHT |
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| Supplemental Jurisdiction |
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| Transfer of venue is proper |
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| Improper transfer of venue |
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| Full faith & credit to all judgements between states |
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| Corp citizenship: where incorporated & Nerve center |
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| Diversity Jurisdiction; defining citizens |
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| Amount in contreversey, over 75K |
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| Same case or contreversey |
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| Courts may decline Supplemental Jurisdictions for 4 reasons |
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| Same case or contreversey |
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| diversity: venue is proper in any district where D resides; if D's live in same state, but different districts any district is ok |
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| Federal Question: venue allowed in any district where a substancial part of the claim arose |
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| jurisdiction appropriate in every district where D is subject to PJ |
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| Limitations of suits for foreign nationals |
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| appropriate transfer of venue: consider Public & Private factors; & transfer for convience of justice |
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| Inappropriate venue transfer: courts can dismiss |
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| Removal: party can only remove claim to fed court that encompases the area |
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| if diversity case, cannot remove if any D is a memmer of the forum state4 |
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| Must file to remove within 30 days of service, that allows removal |
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| 4 reasonscourt may decline SJ |
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| 1367(c)(1) District court dismissed all claims which the court had jurisdiction (2) State claim predominates federal claim (3) Novel or complex issue of STATE LAW (4) Catch Alls: Exceptional reasons/ compelling reasons |
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| service can be made by any person not a party over 18 |
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| Service Waiver: waive with waiver form & self addressed & stamped envelope |
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| 60 days to respond to simmons if waived, 20 days if personally served |
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| Any method to serve is allowed that is permitted by state law; either where the court sits or where claim arose |
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| deliver service to D personally |
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| Substitute service: delivered to D's dwelling, given to rsident of the dewlling of suitable age and discretion |
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| Serving a business: give to officer or agent responsible for such manners (any employee will not satisfy) |
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| Stream of commerce & forseeability of product entering other markets establish purposeful availment |
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| Transfer not allowd because more appropriate jurisdiction in other state/ fed system/ county |
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| Buisness/ person has Personal Jurisdiction if stream of commerce & foreseeability & intent to serve in the area |
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| Reasonablness test 6 factors |
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| 1. Relatedness 2. Inconviencce for D 3. State's Interest 4. P's interest 5. Efficiency 6. Interstate interest in shared substantive policies |
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| Sanctions for applying false info in court,even info you know is false |
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| Jurisdictional attacks, motions to appeal jurisdcition |
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| Required parties; (b) permitted impleaders |
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| (1)Plaintiffs/(2) Defendants who may be joined to suit |
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| Service consists of 1) a summons & 2) a copy of the complaint |
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| Pleadings; well pleaded complaint |
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| Presence in the state satisfies minimum contact |
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| Reasonableness test enough for Personal Jurisdiction |
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| Brennan (Burnham v. Superior) |
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| presence in the state no enough, need minimum contact |
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| 2 Parts International Shoe |
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| 1. Relevant contact between Defendant and forum state (purposeful availment & FORESEEABILITY THAT THEY WOULD GET SUE) 2. Fairness |
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| fairplay & substancial justice |
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| Forseeability that the d would be sued in the forum state is key, not foreseeability that product would enter into forum |
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| Test to see if the claim arose from Defendat's contact with the forum |
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| Contacts must be continuous and systematic; and of a substancial nature (Perkins v. Beguet |
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| Defendant must be subject to jurisdiction of state where district court located |
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| 100 mile limit of service to jurisdiction of suit |
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| Service estalishes PJ over D in federal claims cases |
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| PJ over D in fed claim if D not subject to state court's GJ |
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| PJ over D in fed claim if constitutional |
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| Shaffer v. Heitner: seizing the property is no longer sufficient to establish jurisdiction,must have minimum contacts by Int'l shoe |
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| executors assume citizenshipof dead client |
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| class action: complete diversity still applies |
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| foreign citizens can allowed if residental alient status, treated as citizen of state where domiciled |
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| CITIZENSHIP ESTABLISHED AT TIME OF FILING< IT DOES NOT CHANGE |
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| requirements for serving corporations |
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| citizenship of nonincorporated buinsesses; (how to serve these 4(H)) |
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| challenge SMJ at any point in case; this is not waivable |
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| Lack of PJ, this is waivable and must be made at offset |
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| preanswer motion that omits challenge of PJ is treated as WAIVER OF JURISDICTION |
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| Claim must ARISE UNDER federal law; this is action enforcing Plaintiff's federal right (Think Mottley) |
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| P's pleading must include a short & plain statement of grounds for jurisdiction |
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| Supplemental Jurisdiction |
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| Same case or contreversey |
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| supplemental jurisdiction not allowed in diversity cases where P brings in other P's/D that destroy diversity |
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| fed district court can decline jurisdiction on certain kinds of cases (see outlin 10) |
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| removable if fed subject matter met, gets out of state court |
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| Exception to removal, INSTATE DEFENDANT; case cannot be removed if D is in state |
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| case only removable within 30 days of servicem or 1 yr in Diversity cases. (remember law moves with removal) |
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| motion to remand must be filed 30 days after initial filing of motion to remove |
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| deny joinder of D to remove |
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| venue for diversity cases |
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| venue for federal question |
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| venue possible in any district where D resides, if D's and live in same state, then venue available in any district within that state |
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| buisness reside in all district where they are subject to PJ |
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| Venue proper in any district where a substancial part of the claim arose |
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| venue for claims that arose overseas |
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| court of original claim is proper venue, this transfer is a decision of the judge based on public & private factors |
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| if court of original claim is inappropriate, then transfer or dismis |
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| Rules of Decision Act: antiquated statute that said use law of the state to determine the outcome in conflict; created much forum shopping |
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| 1. Discourage forum shopping 2. avoid inequitable administratioin of laws |
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| fed court must apply state law ONLY IF different outcome would arise and P would forum shop on disfferent rule; APPLY STATE LAW IN SUCH CASE |
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| US courts have power to proscribe fed laws over state law |
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| Outcome determinative test |
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| any rule that could affect the outcome should be considered substantive under erie |
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| Once action is judged in court, it cannot be judged again |
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