I. Subject Matter Jurisdiction
-Federal courts have limited SMJ, state courts have general SMJ
-Fed courts get ALL patent infringement, fed securities, anti-trust, et. al.
A. Diversity of Citizenship – 28 USC 1332 a – p. 333 supp
1. Citizens of Different States
– complete diversity л/Δ – okay if 2л or 2Δ from same state
a. How to Determine Citizenship
i. Domicile
1. Presence
2. Intent to make it their permanent home
3. Only one domicile at a time
4. Every person has a domicile
b. Coporation’s Citizenship – 28 USC 1332 c – p. 333 supp
– a corp is a citizen in…
i. all states in which they’re incorporated (usually just one)
ii. the ONE state of its principal place of business
1. HQ – nerve center – where decisions are made
2. muscle center – place of activities
3. total activities test
-use nerve center unless all activities are in one state
c. people are considered citizens of the state in which they were citizens at the time of filing
2. Amount in Controversy – 28 USC 1332 b – p. 333 supp
a. Must EXCEED $75,000 exclusive of tax and costs
b. to protest amt in controversy, must be clear to a legal certainty that л will not recover more than $75,000
c. ultimate recovery is irrelevant
d. aggregation of claims to meet amt
i. YES – 1л, 1Δ
ii. NO – mult parties on either side
iii. YES – joint claims, regardless of # of people in parties
iv. Under Rule 13 A, B – p. 40 supp
1. Compulsory cntrclm may be heard regardless of amt
2. Permissive cntrclm must meet its own amt
B. Federal Question Jurisdiction
-no citizenship or amt in controversy requirements
1. “Arise under” federal law
a. look only at complaint AND
b. look at the claim itself…the Well Pleaded Complaint!
2. Complaint Rule – See Mottley # 12 notes; p. 182 book
C. Supplemental Jurisdiction/Pendant – 28 USC 1367 – p. 344 supp
-the case got to court on diversity or federal question
1. Does 1367a grant supplemental jurisidiction over this claim?
a. common nucleus of operative fact
b. same transaction or event
c. See Gibbs note p. 207 book, Jin #13 notes, p. 207 notes
2. Does 1367b take away supplemental jurisdiction?
a. can only be taken away in diversity cases, not FQ
AND b. only certain claims by лs may be taken away
i. Claims by л against a party joined under 14, 19, 20, 24
1. 14 – Third Party brought by л or Δ
2. 19 – Joinder of persons needed for just adjudication
3. 20 – Permissive Joinder of Parties
4. 24 – Intervention
ii. Claims by Rule 19 лs
iii. Claims by л intervenors
D. Removal – 28 USC 1441, 1446, 1447 – p. 352 supp
– NOT transfer. Δ removes to Fed Ct. by removal
1. If it belongs in state court, it will be remanded.
2. All Δs must agree to removal
3. Only Δs can remove – not лs
4. Venue Rule – Can only remove to fed dist embracing state court where filed
5. Must remove w/in 30 days of service of the document that made it removable
6. Can remove only if it has Fed SMJ (either diversity or FQ)
a. no removal in Δ is a citizen of forum state where filed
b. no removal after one year after case is filed in state court
i. see Caterpillar #14 notes, p. 214 book
II. Personal/Territorial Jurisdiction
-in what states can л sue Δ? – geography
-state and fed is the same
A. In Personam
-general PJ – Δ can be sued in forum on a claim that arose anywhere in the world
-specific PJ – Δ is being sued on a claim that has some connection with the forum
– by statute – ????case????
-Basis of Power
-served w/ process in the forum state (presence)
– serve agent of Δ
-Δs domicile
– consent
1. International Shoe Test #17 notes, p. 77 book
a. such minimum contacts
b. fair play and substantial justice
c. expanded PJ
d. ok to serve process out of state
e. doesn’t overrule Pennoyer- test only if no presence
2. McGee #18 notes, p. 84 book
a. Δ solicited CA contact
b. relatedness- лs claim arose directly from Δs contact w/ CA
c. CA’s interest in providing court room for its people
3. Hanson #19 notes, p. 85
a. no relevant contacts
b. no purposeful availment
4. WWVW #21 notes, p. 98 book
a. no relevant co
siness
e. many states have same statutes but they are interpreted differently
D. In Rem
– In Rem – Over property itself
– Quasi in rem – dispute is over property itself
1. Statute
a. “…if we have property that Δ owns or claims to own.”
b. attach property with the original claim
2. Constitutional Analysis – attach at outset PLUS
a. Shaffer #20 notes, p. 87 book
i. meets Intl Shoe
III. Notice
A. Service of Process – FRCP 4 – p. 15 supp
1. Summons + copy of complaint (4a, 4b)
2. made by party at least 18 yrs (in other states must be sheriff or authority)
3. 4e – how to serve a person – Rule 4e2 – p. 16 supp
a. personal service anywhere in forum state
b. substituted service
i. at usual abode
ii. to a person of suitable age & discretion who resides there
c. agent
d. any method under state law
i. where fed court sits OR
ii. any state where service is effected (long arm?)
4. 4h – how to serve a business
a. an officer OR managing/general agent
i. not ALL employees – must be responsible
b. 4e1 – state methods ok, too!
5. Waiver of service – 4d – (not service by mail, waiver of service)
6. geographic limit – 4k1a
a. serve process throughout state in which fed court sits
b. out of states only if a state court w/in the state could do so
c. exceptions: 4k1b,c,d
B. Constitutional Standard
1. Mullane #28 notes, p.146 book
a. reasonably calculated under all circumstances to apprise party of suit
b. if you become aware it was not received, you may have to pursue other
2. Notice by Publication/Constructive Notice
a. usually not constitutional
b. unless residence or ID is not known
