Personal Jurisdiction Jurisdiction based Upon

SMJ extends Amount in Joinder (Federal question) Controversy Diversity of claims

SMJ Requirements Erie Doctrine Supplemental (Diversity) (Fed. Ct.) Jurisdiction

In PersonamIn RemQuasi in Rem does not bind Δ personally

In personam: Jurisdiction over Δ personally and/or property

In rem: Jurisdiction over a particular item of Δ’s property. Ct. has power to adjudicate rights of all persons in world over the country

Quasi in rem: Ct. has jurisdiction over particular individuals with respect to specific property

Personal service inside forum state

Domiciliary

Consent

Minimum contacts

Long arm statutes w/in 100 miles of Fed/ Ct.

To all civil actions arising under U.S. Constitution, treaties and federal laws

No minimum amount required

No diversity of parties required

If SMJ exists, federal court may add (append) related state law actions to federal claim

Diversity Δ & π = different states

75,000 + amount in controversy

Aggregation of amount allowed

Must apply substantive law of forum state

Procedural rules apply federal rules of civil procedure

Π has both a federal & state claim against Δ

Federal ct. may join both claims

Venue Diversity Federal claim Corporate (judicial district cases Residency where action may be brought)

Transfer of Law applicableVenue Factors upon transfer

Removal Permitted Dismissal of Removal nondiverse party Allowable

Limitation

District where any Δ resides

Where claim occurred

Or substantial part of claim occurred

(1) Where any Δ resides

(2) Where property that us subject of action is located

If 1 and 2 cant be satisfied then wherever Δ can be found

Corporate Δ resides where it has sufficient contacts

Corporate π resides in state of its incorporation

Convenience of parties

Convenience of witnesses

FNC

Where material event occurred

Law of transferor court generally applies

Transferee court law applies if original venue was improper

Δ may remove a fed. question action from state to Fed. Ct.

Diversity removal not permitted if one of Δ’s is a citizen of the same state as the π

If diversity does not exist because a party is a co-citizen of an opposing party their removal is permitted of non-diverse parties are thereafter dismissed

Motion to Grounds for Judgment on Summary Dismiss Dismissal pleadings Judgment

FRCP 12(c)

Collateral PJ Summary Attack Judgment

Joinder of Permitted CompelledClaims (permissive) (compulsory)

(1) Lack of SMJ(2) Lack of PJ(3) Improper Venue(4) Insufficient process(5) Insufficient service of process(6) Failure to state a claim(7) Failure to join necessary party

After all pleadings completed

Motion denied unless there are no facts to support cause of action

Motion may be made at anytime usually after pleadings

Motion granted if no genuine issue of material fact exists

Δ never makes an appearance & default judgment is entered

Can Δ collaterally attack for lack of PJ? Yes, but if Δ loses on PJ issue default judgment stands

Can Δ collaterally attack judgment because of lack of SMJ? Yes, if judgment was by default. No, if it was a contested action

Party allowed to join as any claims as she has against opposing party

If failure to join could result in splitting of cause of action

Example: π had suffered both property loss & personal injury resulting from auto accident

Joinder of Permissive NecessaryParties (Indispensable Parties)

Impleader 3rd party practice to add persons to the suit

Time Trial Dispositive Motions and Timing of Motions

Multiple π’s may join if each seeks relief on same claim from same transaction

One π may join several Δs in one claims hat arises from same transaction

May be granted for failure to join indispensable party

Exception: if joinder is impossible (e.g. joinder would destroy diversity) action may proceed w/ outsider viewed as a necessary not indispensable party

If person “is or may be liable” to Δ

Δ seeks indemnity or contribution

Motions for JML

Motions for Summary Judgment

Motion for Judgment by Default

Motions for judgment on the pleadings

Motions to dismiss