Civil-Procedure-Hershkoff-Fall-06

Civil-Procedure-Hershkoff-Fall-06 - CIVIL PROCEDURE I...

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CIVIL PROCEDURE I Professor Helen Hershkoff New York University School of Law Fall 2006 Table of Contents Personal Jurisdiction Introduction…………………………………………………2 Statutory Analysis…………………………………………. .2 Con. Analysis……………………………………………….2 Minimum Contacts……………………………………. ..…. .3 Reasonableness……………………………………………. .5 Cases………………………………………………………. .6 Quasi in-rem……………………………………………. .….9 Notice and Opportunity to be Heard ……………………………11 Subject Matter Jurisdiction Diversity Jurisdiction………………………. .…………. ..... 16 Federal Question Jurisdiction…………….……. .…. ..…. ....17 Protective Jurisdiction……………………………………. .20 Supplemental Jurisdiction………………………………….20 Removal……………………………………………………22 Venue, Transfer and Forum non conveniens ..… ….………. ....23 Erie Introduction………………………………………………. ..26 Federal Common Law……………………………………. ..29 Pleading and Rule 11. …………………………………………. .31 Case Management …………….………….………. ..…………. ..35 Discovery ……….…………. ..…………………………………. ..38 Summary Judgment ………….…………………………………42 Preclusion Claim Preclusion…………………………………………. .45 Issue Preclusion…………………………………………. ..47
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Personal Jurisdiction Question Intro: In order for a court to have personal jurisdiction over a defendant it must have a statutory basis for its power, and the exercise of its power must comply with due process (14 th Amendment for states, 5 th Amendment for federal government). Statutory Analysis The statute governing personal jurisdiction for federal courts is FRCP 4. Rule 4(k)(1)(a) provides that a federal court can piggyback onto the longarm statute of the state in which it sits. If the state court would have personal jurisdiction over this defendant, then a federal court in the same state will as well. 1. Analyze the State statute by looking at the cause of action and deciding whether it fits in the framework of the statute Constitutional Max vs. Enumerated Act Statute o Enumerated does not grant the courts the power to exercise personal jurisdiction to the limits of the due process clause Things to remember and look out for o Location of the cause may have to be in the state, not international o Contacts must be present at the time the action is commenced o The cause of action may have to arise from the conduct (Unless the contacts are so substantial and pervasive as to allow general jurisdiction) 1. Distinction between arising from the conduct and being related to the conduct
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This note was uploaded on 04/04/2008 for the course LAW ALL taught by Professor Multiple during the Fall '06 term at NYU.

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Civil-Procedure-Hershkoff-Fall-06 - CIVIL PROCEDURE I...

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