Civil Procedure I Outline

Civil Procedure Fall 2015
Professor Shaun Martin
I. PERSONAL JURISDICTION
TYPES OF PERSONAL JURISDICTION
In Rem
Jurisdiction based solely on property
Suit revolves around the property
Property must be attached before the case
Recovery limited to the value of the attached property
Must have minimum contacts although in rem is not often affected by this
E.g. real property usually has minimum contacts
Quasi-In Rem I
Jurisdiction based on property with intent to bring a person in, when in personam jurisdiction does not exist (Pennoyer)
The case is over ownership of attached property and ownership is determined between parties
Recovery is limited to the attached property
Must have minimum contacts
Personal jurisdiction is based on the relationship between Δ, the forum, and the litigation
Presence of Δ’s property in a state is not enough to support jurisdiction (overturned in rem portion of Pennoyer)
All asserting of state-court jurisdiction must be evaluated according to International Shoe, not Pennoyer
Essentially makes quasi-in rem irrelevant
Quasi-In Rem II
The case is unrelated to the attached property, but recovery is limited to the attached property’s value
Must have minimum contacts (Shaffer)
Essentially makes quasi-in rem irrelevant
In Personam
Jurisdiction over the person
Physical presence in forum state at the time of service; or
Domiciled in the forum state; or
Consent to jurisdiction in forum state
LAS brings person in FRCP 4(k)
No attachment of property
No limit to recovery
IN PERSONAM
General Jurisdiction: jurisdiction over every claim against that defendant if there are substantial, systematic and continuous contacts (essentially must be the defendant’s home; short of this insufficient), meaning:
Where they are domiciled
Corporation
State of incorporation
Principal place of business (headquarters, factories, etc.)
Specific Jurisdiction: jurisdiction for a specific claim
Traditional Methods
Personal Service IN forum state
:  Jurisdiction based on physical presence alone constitutes due process b/c it is one of the continuing traditions of our legal system that define the due process standard of “traditional notions of fair play and substantial justice.” (1868)
:  minimum contacts standards are applicable to all cases according to Shaffer. A transient defendant avails himself of significant benefits of the forum state by traveling there, and since he has been there once, suit in the forum likely will not be prohibitively inconvenient.
Service of Agent IN forum state
There must be actual service within the State of notice upon him or upon someone authorized to accept service for him
The State may declare that the use of the highway by the non-resident is the equivalent of the appointment of the registrar as agent on whom process may be served
Consent
Appointment: choose an agent for service in the forum
Contract specifies (forum selection clause)
Take an action that the law deems to imply consent to suit (Hess)
Special Appearance: appear to contest personal jurisdiction but then lose
Waiver: acquiescent conduct during litigation
If LAS allows then test for:
Minimum Contacts
Contacts must arise out of or relate to the specific claim
Only contacts between the defendant and the forum state
: defendant’s contacts must be enough that defendant would reasonably foresee being hauled into court in the forum state. (World Wide Volkswagen)
Purposeful Availment: defendant deliberately engaged in activities to benefit from the forum state. Continuous and systematic contacts show purposeful availment.
International Shoe
Due Process requires only that Δ have certain minimum contacts with a state such that the maintenance of the suit does not offend “traditional notions of fair play and substantial justice”
Purposeful availment
Minimum contact can mean one if the suit arises out of that contact
The contract here was delivered in California, the premiums were paid from there and the insured was a resident of the State when he died
: must comport with “traditional notions of fair-play and substantial justice”. Factors:
Burden on defendant (cost, distance, evidence)
Forum state’s interest
Plaintiff’s convenience
Judicial Economy
Shared interests of the states in furthering social policy
Stream of Commerce
Injecting product into the stream of commerce creates a contact with the state but is not sufficient to establish Personal Jurisdiction without additional contacts with the forum state.
4 Justices agreed that injecting your product into the stream of commerce IS NOT enough to establish minimum contacts. Knowledge ≠ Minimum Contacts
4 Justices agreed that injecting your product into the stream of commerce IS enough to establish minimum contacts if you are aware your product could enter the forum state. Knowledge = Minimum Contacts
1 Justice (Stevens): Knowledge = Minimum Contacts IF the amount of product was substantial
Contesting Personal Jurisdiction
File a 12(b)(1) motion before your answer
Put it as a defense in your answer
Cannot contest if you did not raise the issue in either (1) or (2)
Special Appearance: a defendant can make other motions while contesting personal jurisdiction, except in some state courts
Collateral & Direct Attacks
: not appearing to defend against the claim and then attacking the enforcement of the summary judgment based on the personal jurisdiction of the original court
Defendant runs the risk of court in state of enforcement upholding jurisdiction and then being subject to the judgment.
: making a special appearance to contest the case on jurisdictional grounds.
Defendant becomes subject to the court's ruling on jurisdiction if he specially appears.
Questions for deciding whether to use a Collateral or Direct Attack
Where does the client have propert