Select Page

Civil Procedure I
Quinnipiac University School of Law
Brown, Jennifer Gerarda

Civil Procedure Outline
Dean Brown; Fall 2015
The rules governing where a case can be brought come under the headings 1) subject matter jurisdiction, 2) personal jurisdiction and 3) venue
Personal Jurisdiction
Does this court have this kind of power over this individual
A court in the U.S. cannot exercise power over a defendant if doing so would “deprive any person of life, liberty, or property, without due process of law.” (U.S. Constitution)
A court cannot exercise authority over the defendant unless it has some kind of connection with him (unless defendant consents)
Doctrine of personal jurisdiction focuses on the defendant
Subject Matter Jurisdiction
Does this court have this kind of power over this subject
State vs. Federal Court? Is the case about the constitution, laws of United States? – 28 USC §1331
Why would people want to be in federal court? Tactical and strategic reasons
Congress gets to decide what federal courts can hear
Diversity Jurisdiction must be complete (all parties of each side must reside in different states, not just some) under 28 U.S.C. §1332(a)
12(b)(1) is the motion to dismiss for subject matter jurisdiction
Article III §2 discusses the judicial power … between citizens of different states (pg. 278)
Jurisdiction Misc.
28 USC §1441 – The Removal Statute – that can move cases from state to federal or vice versa such as Bell v. Novick Transfer (pleading standard was easier for plaintiff here so the strategic move backfired on the defendant)
28 U.S.C. §2072 – Rules Enabling Act – stands for the principle that federal rules should not abridge, enlarge or modify substantive rights (Twombley & Iqbal – changing pleading but does that hurt the substantive rights?)
Hawkins v. Master Farms [Subject Matter Jurisdiction] Facts: The Creals lived in Kansas, but Mr. Creal grew up in Missouri and lived there most of his life. His permanent mailing address, among other legal documents, are all in Missouri. He was in a car accident in Kansas and died. His wife files wrongful death in a Federal Court citing diversity jurisdiction (28 U.S.C. §1332)
The defendant files a motion for lack of subject matter jurisdiction, citing Rule 12(b)(1)
Court rules plaintiff was domiciled in Kansas, Rule 12 motion granted
Miss. Band of Choctaw Indians v. Holyfield (note case, SCOTUS, 1989)
For purposes of determining whether diversity jurisdiction exists, a person is a “citizen” of the state in which he or she is domiciled
For adults, domicile is established by physical presence in a place in connection with a certain state of mind concerning one’s there
Compensatory and Punitive Damages
Tried by a jury
Compensatory damages aim to make the plaintiff whole again
Punitive damages aim to punish the defendant so they learn their lesson
BMW v. Gore test (3 prongs)
Degree of reprehensibility
What kinds of conduct are more likely to get punitive damages? Great bodily harm, financial vulnerability by plaintiff taken advantage of by the defendant, repeated play by the defendant, when harm is the result of intentional deceit
Disparity between the actual harm suffered v. punis
Difference between the punitive damages that were actually awarded by the jury and the civil penalties that are offered in comparable

ot-compete clause) that he would not work for a competitor for at least 2 years after leaving and that he would not release trade secrets. He left Sigma and immediately began work for a competitor, in the same position. Sigma files for permanent injunctive relief. The court rules that the restrictive covenant is enforceable on three grounds: 1) The covenant must be reasonably necessary to protect the employer’s interest, 2) The covenant must be reasonable in terms of temporal scope, 3) The covenant must be reasonable in terms of geographic scope
Preliminary vs. Permanent Injunctive Relief
Preliminary relief is granted when (Rule 65a):
(1) It is likely to succeed on the merits
(2) It is likely to suffer irreparable harm if it’s not granted
(3) Balance of equities in favor of the party requesting injunction
(4) The injunction is in the public interest
*Preliminary injunctions just hold the status quo until trial
*The stronger you show that you will likely succeed on the merits, a smaller showing of irreparable injury might be tolerated
Permanent relief is granted when
(1) Damages are inadequate
(2) The balance of hardship is uneven (ex. The harm to plaintiff outweighs harm to defendant if injunction isn’t granted)
Permanent is not really permanent, usually just for a matter of time