Claim writing:
Before Erie, Federal common law controlled cases in federal court once they were removed there. This meant that two bodies of law had evolved relating to state statutory law, federal and state. Erie changed that by declaring that state law would govern in cases based on diversity of citizenship. Subsequently, however, Hanna v Plumer modified this so that if there is a written federal rule of proceedure that is constitutional and which comports with the Rules Enabling Act, the rule controls. The distinction is if a rule is procedural. Byrd v. Blueridge further told us that even if a federal rule is unwritten, we only need go with the state proceedural rule if the rule is bound up in state created rights and obligations. Otherwise, we could use the federal rule, if under the analysis of Guarantee Trust v York; the use of the federal rule is necessary to discourage the twin evils of forum shopping and unequal application of the laws, or if the use of the rule substantially changes the outcome (under hanna), or if the federal interests vastly outweigh state interests.
1) COMPLAINT:::
Rule 3 provides action is commenced by filing a claim with the court.
Under Rule 8(a) a complaint must contain a short and plain statement stating the grounds on which jurisdiction rests, the facts entitling the plaintiff to relief, and a demand for relief by the court.
Amended pleadings:
The complaint may be amended once within 20 days of filing (if def. hasn’t answered) without permission. Thereafter, amendments are only allowed by leave of the court or by written consent of the other party.
The name of the party can be changed if the party to be charged relates back to the original action or occurrence and the party knew or should have known that but for the mistake in identity, she would have been the one being sued (Beeck v. Aquaslide).
I) Remedy
1. Declarative
A statement of law. Done in reverse, ie. it is most commonly a preemptive move made to limit liability etc.
2. Specific Relief
Injunctive – order to start of stop doing something
Provisional – temporary injunctive relief
Specific performance – requires person to fulfill contractual obligation.
Trover – court requires a person to return personal property
Temporary Injunction – granted when evidence is presented that irreparable harm will
result from delay for injunction. Only granted ex parte when plaintiff makes efforts to give notice and gives a security to pay costs if injunction turns out to be errant. These injunctions are only good for 10 days unless extended by court.
3. Money Damages
Compensatory damages = economic and tangible (expectancy damages)
Liquidated damages = pre-determined compensatory damages
Punitive damages = only available for willful and outrageous acts which are reminiscent of certain tort actions.
Statutory damages = sometimes statutes will limit amount of damages that can be recovered
II) Claim
4. Choice of Law
Deciding if a federal Rule Applies:
Written Federal Rule?
Erie Analysis
Yes:
No: Is it bound up in state-created rights and obligations?
reasonable (for choice of law, consent to jurisdiction, forum selection, or arbitration) are valid. (Carnival Cruise v. Shute).
6. State Long-Arm Statute
An enumerated long arm statute is one that grants specific long arm jurisdiction on a piecemeal basis. These types of long arm statutes must satisfy ‘minimum contacts’ analysis…in other words, a statute can only result in giving states up to what is constitutional, not more.
A few states (Calif., Rhode Island) extend reach of statute to include anything constitutional under min. contacts. (these are non enumerated statutes).
Again…without asserting that it has power to exercise jurisdiction in other states, the State has no power to do so.
7. Constitutional / Due Process?
Amendment V of the constitution provides that all entities are entitled to due process, which requires service of process under rule 4 of the FRCP, and both the advancement of Substantial Justice and a requirement of Minimum Contacts due to Supreme Court decisions.
8. Service of process
Service is necessary to satisfy constitutional due process according to rule 4 of FRCP.
Service may be effectuated by anyone over 18 not connected to the case, unless court especially appoints a US Marshal, or other officer.
If service is not made within 120 days of filing, complaint is dismissed without prejudice (unless otherwise extended by court)
