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Etc personal jurisdiction personal courts power to

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Unformatted text preview: ngement claim – Breach of contract, etc. etc. Personal Jurisdiction Personal Court’s power to render enforceable judgment against D judgment – Nonresident D – Fairness & justice served In Rem Jurisdiction In Court’s power to render enforceable judgment concerning disposition of property property – Quiet Title – Foreclosure Federal Question Federal a. P’s claim arises under Federal law a. P’s – P’s “pendent/ancillary” claims P’s b. No money requirement No Diversity of Citizenship Diversity a. Ps & Ds from different States a. Ps No P from the same State as any D b. Amount in controversy exceeds $75,000 b. Diversity of Citizenship Diversity Note: (1) Citizenship of individual Note: individual U.S. citizenship plus residency U.S. (2) Citizenship of corporation corporation State of incorporation and State of corporate headquarters corporate (3) Citizenship of partnership (3) partnership Citizenship of every partner Citizenship Grupo Dataflux v. Atlas Global Why did Grupo move to dismiss? Why – No diversity of citizenship between P&D at time lawsuit was filed at Grupo Dataflux v. Atlas Global Grupo Should court recognize judgment even though Should no diversity at time lawsuit filed (waste of time to start case all over again)? – No. Party’s post-filing change in citizenship resulting Party’s in complete diversity does not cure lack of diversity at not time of filing time – Case remanded to trial court for entry of order Case remanded dismissing case for lack of subject matter jurisdiction dismissing State Courts “General Jurisdiction” – District Courts “Limited Jurisdiction” – JP, Municipal, Constitutional Courts, … State Courts State “Concurrent Jurisdiction” – State courts share power with Federal courts State share (Diversity of Citizenship cases & variety of Federal Question cases: P can sue in Federal court or State court) or – D’s right to remove case from State to Federal D’s remove court court State Courts State “Con...
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