Civ Pro-Waggoner- Spring 2005-Lyman

Civ Pro-Waggoner- Spring 2005-Lyman - Personal Jurisdiction...

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Personal Jurisdiction Subject Matter Jurisdiction Venue Notice Erie Assume there is a fed Q unless told otherwise But also assume there isn’t – address diversity If law unclear, you have a claim Address the case where it sits and as it stands Rule 11 – don’t sue in fed CT if you know you can’t be there Local action rule: cannot bring trespass against land in other states where land isn’t Or damages to land If party not in the state, are they w/I 100 miles of fed ct in the state? Join alternate defendants if possible Avoid NMCE Is the case appropriate for a class action? Assert all possible claims at once to avoid claim preclusion Compulsory Joinder? Jurisdiction (always need adequate notice - Pennoyer ) - Question of authority o Can you get a judgment that another court will honor? o Full faith and credit – each state must enforce judgments from other courts Only need to enforce as much as the original state would If orig state could modify, 2 nd state can modify o Unless it is a child care act - §1738 States can choose to not follow if no PJ, but don’t have to Other states cannot examine facts, only PJ Once you have judgment, can collect anywhere Comity and treaties if overseas - Dismissal not on the merits - Can refile, unless SOL o Might be savings statute – as if filed at original time - Ways to get it o Fed Question o Admiralty o Suing federal party o Diversity jurisdiction Personal Jurisdiction waived if not in 1 st motion, responsive pleading or amendment- Rule 12h Does § 1404 transfer request count as answer? Maybe Must not offend “traditional notions of fair play and substantial justice” – Due Process Even when there are minimum contacts – Asahi , Brennan Concur 1
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Federal question o Service of process established PJ if party not subject to state Juris (foreign nation? Indian tribe?) – 4k2 Specific Personal Jurisdiction - Foreseeable that ∆ contacts would lead to PJ/hauled into court - WWVWvW - Attach property before suit o Otherwise, suit is against parties, and if they are out of state, no PJ o Makes case in rem – property v property o Can attach multiple properties to equal value of suit BUT only those properties that were attached in the original suit If in personam , can keep going to collect full amount o Seizing debts count as property – Harris v Balk – attach debts while person in state Must be grounds for PJ in addition to the property – Shaffer v Heitner Realty might be an exception o Can seize property as security for adjudication in other state – Carolina Power v Uranex – FFC? BUT, just having property not enough for adjudication on merits - Shaffer - Serve process while person is in the state - File in jurisdiction where ∆ resides o Resident, citizen, domicile Domicile – intention to remain Domicile is enough, even if person hiding outside of state, can serve out of state and the domicile is enough – Milliken v Meyer
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This note was uploaded on 02/12/2008 for the course LAW 5303 taught by Professor Krakoff during the Spring '05 term at Colorado.

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Civ Pro-Waggoner- Spring 2005-Lyman - Personal Jurisdiction...

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