Civil Procedure - Arkin

Civil Procedure - Arkin - IN PERSONAM JURISDICTION 1 is...

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
IN PERSONAM JURISDICTION 1) is there a long arm? 2) is there constitutional authority to exercise jurisdiction? a) physical presence b) specific jurisdiction i) minimum contacts (1) purposeful availment (not just foreseeable) (2) effects ii) reasonableness: fair play/ substantial justice (1) D inconvenience (2) forum interest in adjudication (3) P convenience (4) interstate judicial system interests c) domicile d) consent i) forum selection clause e) general jurisdiction 1) Gray 2) constitutional authority a) Pennoyer, Burnham, Harris v Balk b) International Shoe i) McGee v Int’l Life Insurance (1) Hanson v Denckla, WW VW, Asahi (2) Calder, Kulko, Burt v Board of Regents ii) BK v Rud factors c) Milligan v Meyer d) Hess v Pulaski, Insurance Co of Ireland, i) Carnival e) Helicopteros 1-4 Notice Rule 4: service within 120 days, more time to respond if you waive official service Best notice practicable under the circumstances so as to give a chance to object, relevant information Mullane after minimum contacts, no QIR2 jurisdiction. Property is not a contact interests to be protected by procedural DPC: notice of claim asserted and fairness to D whose presence is compulsory Shaffer v Heitner 4 5 Venue §1391 venue proper in: if all Ds live in the same state, any judicial district there a judicial district where a substantial part of the action giving rise to the claim occurred wherever a D would be subject to IPJ on that claim venue can be waived change of venue in the interest of justice under §1404 (either by stipulation or sua sponte) if venue is improper, change or transfer under §1406 Forum Non Convenien s Piper v Reyno : the court can dismiss the action in its discretion if it would be too prejudicial and there’s not enough of a state interest 5
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
SUBJECT MATTER JURISDICTION Diversity §1332 complete diversity isn’t required by the Constitution, but required by Strawbridge §1369 prevents improper joinder to create diversity amount-in-controversy (over $75K): Rule 20, Class actions, counterclaims CAN’T be aggregated Corporations domiciled by nerve center or muscle PPB test (P has to allege) unincorporated are as to each member class actions are as to each named party 7 Federal Question §1331 Ask: is the case within the court’s constitutional authority? Did Congress give courts jurisdiction? ‘arising under’ Osborn : ingredient (3 types) Well Pleaded Complaint Rule: the complaint has to state ‘arising under’ claim on its face ( Mottley ) Holmes Test: is federal law the source of the enforceable right? Where fed law creates a right without authorizing a remedy, if the court finds no implied right of action, no jurisdiction exists ( Merrell Dow ) If a state cause of action requires proof of a proposition of fed law, it can arise under ( Smith) 8 9 Removal §1441 §1446 §1447 D can drag any action to fed court that could have
Background image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 01/10/2011 for the course LAW Civ Pro taught by Professor Arkin during the Spring '10 term at Fordham.

Page1 / 9

Civil Procedure - Arkin - IN PERSONAM JURISDICTION 1 is...

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online