CIVIL PROCEDURE
I. Service
A. Federal Rules
1. Done by:
a. Serving in person, or
b. Leaving summons and complaint “at usual place of abode” with someone of suitable discretion who resides there, or
c. Serving an authorized agent.
2. Territorial Limits: Service is only good if the defendant is subject to general jurisdiction in the state courts of that jurisdiction. (4(k))
3. By Trick
a. Subject to state law.
b. Service is invalid if obtained by committing a crime.
c. Tricking people within a state: Typically valid.
d. Tricking people into a state: Typically not valid.
B. Rules of the State where the federal court is.
C. Rules of the State where defendant is served.
II. Notice
A. Actual notice, or
B. Reasonably calculated to reach the defendant, or
C. Any method no worse than the alternatives.
III. Personal Jurisdiction
A. In Personam Jurisdiction
1. Specific Jurisdiction (Contacts + 5 Factors)
a. Minimum Contacts
i. Must be “related” to the claim.
ii. Committing a tort within a state while physically there. (Hess)
iii. Defendant purposefully availed himself of the privilege of conducting activities in the forum state, thus invoking benefits and protections of its laws. (Hanson)
iv. Defendant benefits from an interstate transaction.
b. Minimum Contacts for Stream of Commerce (Asahi)
i. Apply the Three Opinions (requires 5 votes)
(1) O’Connor (4 votes)
A. Designed for the forum,
B. Directed at the forum, and
C. Supported in the forum.
(2) Brennan (4 votes)
A. Foreseeable under regular and anticipated flow of commerce that it will end up in the forum.
(3) Stevens (3 votes)
A. Value,
B. Volume, and
C. Hazardous character.
ii. Weigh the Five Factors
c. “Interstate Tort”: Defendant purposefully directed his activities toward the forum (Caused harm in the state.)
d. Five Factors
i. Plaintiff’s interest in the forum
ii. Defendant’sburden of litigating in the forum
iii. Forum’s interest in the litigation
iv. Efficiency in resolving interstate disputes
v. Otherconsiderations (“States’ shared interest in furthering fundamental social policies”)
2. General Jurisdiction
a. Served in the state.
b. Domiciled in the state (people or corporations)
c. Continuous and Systematic contacts in the state.
i. Purchases are not contacts.
d. Consent to jurisdiction
i. Authorized agent
ii. Contractual agreement
e. In Court
i. File suit as a plaintiff
ii. Enter a general appearance
B. Quasi In Rem Jurisdiction
1. Definition: Adjudication of disputes between parties when jurisdiction is based on and judgment limited to the value of defendant’s property within the state.
2. Requirements:
a. Defendant must own property in the state.
b. This property must be attached (seized) before the suit begins.
c. (All requirements for In Personam jurisdiction apply)
i. Minimum Contacts must be satisfied (Shaffer)
ii. Notice must be satisfied.
3. Effect
a. Any judgment is limited to the value of the attached property.
b. Typically only pursued because of more lax service rules.
C. In Rem Jurisdiction
1. Definition: Adjudication of the rights of all persons with respect to property.
2. Requirements:
a. The property must be located in the state.
b. Notice must be satisfied.
IV. Subject Matter Jurisdiction
A. Diversity
1. Complete Diversity
a. No plaintiff and defendant from the same state.
b. Citizenship (Domicile)
i. Persons: You are a citizen of a state until you move to another state with the intent to remain there.
ii. Corporations
(1) State of incorporation, and
(2) Principle place of business (headquarters)
2. Amount in Controversy: Must exceed $75,000.
a. “In Controversy”
i. Any good faith estimate
y the defendant may remove
2. All defendants must agree
3. Diversity cases: Cannot remove if a defendant already has “home field advantage.”
C. Which claims may be removed?
1. Only claims that could have originally been filed in federal court.
2. BUT, if, through dismissal of parties, diversity is later created, defendant(s) may then remove.
D. Federal court’s discretion:
1. MUST hear all federal question claims
2. May exercise discretion over all other claims
VI. Venue (§1391)
A. Rule: Venue exists in a judicial district where:
1. Any defendant resides (if all defendants are from the same state), or
2. A substantial part of the events or omissions happened, or
3. Any defendant can be found (if #1 and #2 don’t work.)
B. Exceptions
1. Aliens: Venue exists in any district.
2. Corporations: Venue exists in any district where they would be subject to in personam jurisdiction (if the district were a separate State.)
C. Transfer: District court may transfer to any other district where venue exists if convenient for parties/witnesses and in the interests of justice. (§1404).
D. Waiver: Parties may waive venue.
VII. Forum Non Conveniens
A. Definition: Dismissal of a claim because it is more appropriately litigated in another court system. Alt. A way of “transferring” a case to another court system by dismissing and instructing the plaintiff to refile.
B. Rules (Piper Aircraft Co.)
It does not matter that the law in the alternate
