Podcast
Questions and Answers
A defendant can agree to submit to the jurisdiction of the court by contract, but only if the court determines that the contract was not a contract of adhesion.
A defendant can agree to submit to the jurisdiction of the court by contract, but only if the court determines that the contract was not a contract of adhesion.
True
A defendant can stipulate to personal jurisdiction before an action is brought.
A defendant can stipulate to personal jurisdiction before an action is brought.
False
Consent is given when a person appoints an agent to accept service of process in a state.
Consent is given when a person appoints an agent to accept service of process in a state.
True
Filing a counterclaim can be considered implied consent to personal jurisdiction.
Filing a counterclaim can be considered implied consent to personal jurisdiction.
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A defendant's voluntary appearance in court automatically waives an objection to personal jurisdiction.
A defendant's voluntary appearance in court automatically waives an objection to personal jurisdiction.
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All states have enacted long-arm statutes that authorize personal jurisdiction over nonresidents who engage in some activity in the state or cause some action to occur within the state.
All states have enacted long-arm statutes that authorize personal jurisdiction over nonresidents who engage in some activity in the state or cause some action to occur within the state.
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An objection to personal jurisdiction is waived if not raised in the answer or in a Rule 12 motion.
An objection to personal jurisdiction is waived if not raised in the answer or in a Rule 12 motion.
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A defendant can object to personal jurisdiction at any time during the proceedings.
A defendant can object to personal jurisdiction at any time during the proceedings.
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In all states, the long-arm statute directly authorizes jurisdiction to the extent permissible under the Due Process Clause.
In all states, the long-arm statute directly authorizes jurisdiction to the extent permissible under the Due Process Clause.
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In some states, the long-arm statute confers jurisdiction over all activities undertaken in the state.
In some states, the long-arm statute confers jurisdiction over all activities undertaken in the state.
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Under attachment jurisdiction, a plaintiff can use attachment of property owned by the defendant and located in the forum state as a device to obtain jurisdiction without minimum contacts.
Under attachment jurisdiction, a plaintiff can use attachment of property owned by the defendant and located in the forum state as a device to obtain jurisdiction without minimum contacts.
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A federal court in a state with a long-arm statute need only determine whether the statutory requirements have been met.
A federal court in a state with a long-arm statute need only determine whether the statutory requirements have been met.
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The Due Process Clause sets a higher standard for personal jurisdiction than the long-arm statute in some states.
The Due Process Clause sets a higher standard for personal jurisdiction than the long-arm statute in some states.
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A defendant's minimum contacts with the forum state are irrelevant in determining personal jurisdiction under the long-arm statute.
A defendant's minimum contacts with the forum state are irrelevant in determining personal jurisdiction under the long-arm statute.
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Attachment of property owned by the defendant and located in the forum state is sufficient to establish jurisdiction under the long-arm statute.
Attachment of property owned by the defendant and located in the forum state is sufficient to establish jurisdiction under the long-arm statute.
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The long-arm statute is a federal statute that governs personal jurisdiction in all states.
The long-arm statute is a federal statute that governs personal jurisdiction in all states.
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If a non-resident defendant has sufficient minimum contacts with the forum state, the court may assert in personam jurisdiction over the defendant without attachment jurisdiction.
If a non-resident defendant has sufficient minimum contacts with the forum state, the court may assert in personam jurisdiction over the defendant without attachment jurisdiction.
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The assertion of personal jurisdiction by a court depends on the general principles of fair play and substantial justice, regardless of the specific facts of the case.
The assertion of personal jurisdiction by a court depends on the general principles of fair play and substantial justice, regardless of the specific facts of the case.
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Since Shaffer v. Heitner, it is possible to gain jurisdiction over a person based solely on the presence of their property within the state.
Since Shaffer v. Heitner, it is possible to gain jurisdiction over a person based solely on the presence of their property within the state.
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A defendant's contacts with the forum state must be accidental and insignificant to warrant the assertion of in personam jurisdiction.
A defendant's contacts with the forum state must be accidental and insignificant to warrant the assertion of in personam jurisdiction.
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In determining whether a defendant's contacts are sufficient, the court considers whether the defendant recognized or anticipated the risk of being sued in the particular state.
In determining whether a defendant's contacts are sufficient, the court considers whether the defendant recognized or anticipated the risk of being sued in the particular state.
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The requirement of minimum contacts only applies to actions to enforce previous judgments by remedies such as attachment, garnishment, and sequestration.
The requirement of minimum contacts only applies to actions to enforce previous judgments by remedies such as attachment, garnishment, and sequestration.
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Personal jurisdiction is not dependent on the specific facts of each case, and follows a general framework.
Personal jurisdiction is not dependent on the specific facts of each case, and follows a general framework.
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The International Shoe Co. v. State of Washington (1945) established that a non-resident defendant's property within the state is sufficient to establish in personam jurisdiction.
The International Shoe Co. v. State of Washington (1945) established that a non-resident defendant's property within the state is sufficient to establish in personam jurisdiction.
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A defendant may agree to submit to the jurisdiction of the court by contract, regardless of whether the contract is a contract of adhesion.
A defendant may agree to submit to the jurisdiction of the court by contract, regardless of whether the contract is a contract of adhesion.
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A defendant may stipulate to personal jurisdiction only after an action is brought.
A defendant may stipulate to personal jurisdiction only after an action is brought.
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Most states have enacted long-arm statutes that authorize personal jurisdiction over nonresidents who engage in some activity in the state or cause some action to occur within the state.
Most states have enacted long-arm statutes that authorize personal jurisdiction over nonresidents who engage in some activity in the state or cause some action to occur within the state.
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A defendant's voluntary appearance in court automatically subjects the defendant to personal jurisdiction, but this can be objected to by motion or in the answer.
A defendant's voluntary appearance in court automatically subjects the defendant to personal jurisdiction, but this can be objected to by motion or in the answer.
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The Due Process Clause sets a minimum standard for personal jurisdiction that long-arm statutes cannot exceed.
The Due Process Clause sets a minimum standard for personal jurisdiction that long-arm statutes cannot exceed.
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A non-resident defendant's minimum contacts with the forum state are irrelevant in determining personal jurisdiction under the long-arm statute.
A non-resident defendant's minimum contacts with the forum state are irrelevant in determining personal jurisdiction under the long-arm statute.
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If a non-resident defendant has sufficient minimum contacts with the forum state, the court may assert in personam jurisdiction over the defendant without attachment jurisdiction.
If a non-resident defendant has sufficient minimum contacts with the forum state, the court may assert in personam jurisdiction over the defendant without attachment jurisdiction.
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The long-arm statute is a federal statute that governs personal jurisdiction in all states.
The long-arm statute is a federal statute that governs personal jurisdiction in all states.
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In all states, the long-arm statute confers jurisdiction only over specific activities undertaken in the state.
In all states, the long-arm statute confers jurisdiction only over specific activities undertaken in the state.
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Under attachment jurisdiction, a plaintiff can use attachment of property owned by the defendant and located in the forum state as a device to obtain jurisdiction without minimum contacts.
Under attachment jurisdiction, a plaintiff can use attachment of property owned by the defendant and located in the forum state as a device to obtain jurisdiction without minimum contacts.
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A federal court in a state with a long-arm statute need only determine whether the exercise of personal jurisdiction comports with due process.
A federal court in a state with a long-arm statute need only determine whether the exercise of personal jurisdiction comports with due process.
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Mere ownership of attached property is generally sufficient to satisfy the minimum contacts test.
Mere ownership of attached property is generally sufficient to satisfy the minimum contacts test.
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The long-arm statute is a federal statute that governs personal jurisdiction in all states.
The long-arm statute is a federal statute that governs personal jurisdiction in all states.
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If a non-resident defendant has sufficient minimum contacts with the forum state, the court may assert in personam jurisdiction over the defendant without attachment jurisdiction.
If a non-resident defendant has sufficient minimum contacts with the forum state, the court may assert in personam jurisdiction over the defendant without attachment jurisdiction.
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The requirement of minimum contacts only applies to actions to enforce previous judgments by remedies such as attachment, garnishment, and sequestration.
The requirement of minimum contacts only applies to actions to enforce previous judgments by remedies such as attachment, garnishment, and sequestration.
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Personal jurisdiction is dependent on the specific facts of each case.
Personal jurisdiction is dependent on the specific facts of each case.
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A court can assert in personam jurisdiction over a non-resident defendant if the defendant has purposeful and substantial contacts with the forum state, but the defendant did not foresee being taken to court there.
A court can assert in personam jurisdiction over a non-resident defendant if the defendant has purposeful and substantial contacts with the forum state, but the defendant did not foresee being taken to court there.
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All states have enacted long-arm statutes that authorize personal jurisdiction over nonresidents who engage in some activity in the state or cause some action to occur within the state, and all long-arm statutes confer jurisdiction to the extent permissible under the Due Process Clause.
All states have enacted long-arm statutes that authorize personal jurisdiction over nonresidents who engage in some activity in the state or cause some action to occur within the state, and all long-arm statutes confer jurisdiction to the extent permissible under the Due Process Clause.
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A plaintiff can use attachment of property owned by the defendant and located in the forum state as a device to obtain jurisdiction over the defendant without minimum contacts, even after Shaffer v. Heitner.
A plaintiff can use attachment of property owned by the defendant and located in the forum state as a device to obtain jurisdiction over the defendant without minimum contacts, even after Shaffer v. Heitner.
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A non-resident defendant's property within the state is sufficient to establish in personam jurisdiction, without considering whether the defendant has minimum contacts with the forum state.
A non-resident defendant's property within the state is sufficient to establish in personam jurisdiction, without considering whether the defendant has minimum contacts with the forum state.
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In determining whether a defendant's contacts are sufficient, the court considers whether the defendant recognized or anticipated the risk of being sued in a particular state, but only in cases involving internet jurisdiction.
In determining whether a defendant's contacts are sufficient, the court considers whether the defendant recognized or anticipated the risk of being sued in a particular state, but only in cases involving internet jurisdiction.
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A defendant's minimum contacts with the forum state are irrelevant in determining personal jurisdiction under the long-arm statute.
A defendant's minimum contacts with the forum state are irrelevant in determining personal jurisdiction under the long-arm statute.
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If a non-resident defendant has sufficient minimum contacts with the forum state, the court can assert in personam jurisdiction over the defendant and also attach the defendant's property located in the forum state.
If a non-resident defendant has sufficient minimum contacts with the forum state, the court can assert in personam jurisdiction over the defendant and also attach the defendant's property located in the forum state.
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Personal jurisdiction depends on the specific facts of each case and considers whether the assertion of jurisdiction by the court would comport with fair play and substantial justice.
Personal jurisdiction depends on the specific facts of each case and considers whether the assertion of jurisdiction by the court would comport with fair play and substantial justice.
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A defendant can stipulate to personal jurisdiction before an action is brought in a federal court under diversity jurisdiction.
A defendant can stipulate to personal jurisdiction before an action is brought in a federal court under diversity jurisdiction.
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Under § 1367(b), supplemental jurisdiction is precluded for claims by existing plaintiffs against persons made parties under Rule 14, Rule 19, Rule 20, or Rule 24 in diversity cases.
Under § 1367(b), supplemental jurisdiction is precluded for claims by existing plaintiffs against persons made parties under Rule 14, Rule 19, Rule 20, or Rule 24 in diversity cases.
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A cross-claim can be asserted by a plaintiff against another plaintiff if the cross-claim arises out of the same transaction or occurrence as the initial claim.
A cross-claim can be asserted by a plaintiff against another plaintiff if the cross-claim arises out of the same transaction or occurrence as the initial claim.
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A court can assert in personam jurisdiction over a non-resident defendant if the defendant has minimum contacts with the forum state and the defendant did not foresee being taken to court there.
A court can assert in personam jurisdiction over a non-resident defendant if the defendant has minimum contacts with the forum state and the defendant did not foresee being taken to court there.
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The long-arm statute is a federal statute that governs personal jurisdiction in all states.
The long-arm statute is a federal statute that governs personal jurisdiction in all states.
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If a non-resident defendant has sufficient minimum contacts with the forum state, the court may assert in personam jurisdiction over the defendant without attachment jurisdiction.
If a non-resident defendant has sufficient minimum contacts with the forum state, the court may assert in personam jurisdiction over the defendant without attachment jurisdiction.
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Under attachment jurisdiction, a plaintiff can use attachment of property owned by the defendant and located in the forum state as a device to obtain jurisdiction without minimum contacts.
Under attachment jurisdiction, a plaintiff can use attachment of property owned by the defendant and located in the forum state as a device to obtain jurisdiction without minimum contacts.
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Personal jurisdiction depends on the specific facts of each case and considers whether the assertion of jurisdiction by the court would comport with fair play and substantial justice.
Personal jurisdiction depends on the specific facts of each case and considers whether the assertion of jurisdiction by the court would comport with fair play and substantial justice.
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For certain class actions in which the amount at issue totals more than $5,000,000, diversity will be met if any member of the plaintiff class is diverse with any defendant.
For certain class actions in which the amount at issue totals more than $5,000,000, diversity will be met if any member of the plaintiff class is diverse with any defendant.
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Under the Multiparty, Multiforum Trial Jurisdiction Act of 2002, only one plaintiff need be of diverse citizenship from one defendant for a federal court to have diversity jurisdiction.
Under the Multiparty, Multiforum Trial Jurisdiction Act of 2002, only one plaintiff need be of diverse citizenship from one defendant for a federal court to have diversity jurisdiction.
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Under § 1369(b), the district court must always hear the case if the requirements of § 1369(a) are met.
Under § 1369(b), the district court must always hear the case if the requirements of § 1369(a) are met.
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Complete diversity is required for federal rule interpleader.
Complete diversity is required for federal rule interpleader.
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Under the Act, there need be only one adverse claimant of diverse citizenship to establish federal jurisdiction.
Under the Act, there need be only one adverse claimant of diverse citizenship to establish federal jurisdiction.
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The Multiparty, Multiforum Trial Jurisdiction Act of 2002 applies to all civil actions.
The Multiparty, Multiforum Trial Jurisdiction Act of 2002 applies to all civil actions.
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The Act provides for nationwide service of process.
The Act provides for nationwide service of process.
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A foreign state may sue one or more citizens of one or more U.S. states in federal court.
A foreign state may sue one or more citizens of one or more U.S. states in federal court.
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A defendant's minimum contacts with the forum state are irrelevant in determining personal jurisdiction under the long-arm statute.
A defendant's minimum contacts with the forum state are irrelevant in determining personal jurisdiction under the long-arm statute.
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A defendant can object to personal jurisdiction at any time during the proceedings under the Multiparty, Multiforum Trial Jurisdiction Act of 2002.
A defendant can object to personal jurisdiction at any time during the proceedings under the Multiparty, Multiforum Trial Jurisdiction Act of 2002.
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Complete diversity requires that all plaintiffs are from the same state as all defendants.
Complete diversity requires that all plaintiffs are from the same state as all defendants.
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The term 'state' includes the District of Columbia, Puerto Rico, and the U.S. territories in the context of diversity jurisdiction.
The term 'state' includes the District of Columbia, Puerto Rico, and the U.S. territories in the context of diversity jurisdiction.
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The Federal Interpleader Act allows a holder of property to deposit the property with a court to determine ownership.
The Federal Interpleader Act allows a holder of property to deposit the property with a court to determine ownership.
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A defendant's voluntary appearance in court automatically waives an objection to personal jurisdiction.
A defendant's voluntary appearance in court automatically waives an objection to personal jurisdiction.
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The long-arm statute is a federal statute that governs personal jurisdiction in all states.
The long-arm statute is a federal statute that governs personal jurisdiction in all states.
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If a non-resident defendant has sufficient minimum contacts with the forum state, the court may assert in personam jurisdiction over the defendant without attachment jurisdiction.
If a non-resident defendant has sufficient minimum contacts with the forum state, the court may assert in personam jurisdiction over the defendant without attachment jurisdiction.
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For certain class actions in which the amount at issue totals more than $5,000,000, diversity will be met if any member of the plaintiff class is diverse with any defendant.
For certain class actions in which the amount at issue totals more than $5,000,000, diversity will be met if any member of the plaintiff class is diverse with any defendant.
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Under § 1369(a), for a civil action that arises from a single accident, complete diversity of citizenship is required for federal jurisdiction.
Under § 1369(a), for a civil action that arises from a single accident, complete diversity of citizenship is required for federal jurisdiction.
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In federal interpleader, complete diversity of citizenship is required for federal jurisdiction.
In federal interpleader, complete diversity of citizenship is required for federal jurisdiction.
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Under the Multiparty, Multiforum Trial Jurisdiction Act of 2002, the district court must always hear the case if the requirements are met.
Under the Multiparty, Multiforum Trial Jurisdiction Act of 2002, the district court must always hear the case if the requirements are met.
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Under the Act, anyone involved in the accident can intervene as a plaintiff.
Under the Act, anyone involved in the accident can intervene as a plaintiff.
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Nationwide service of process is not permitted under the Act.
Nationwide service of process is not permitted under the Act.
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There are no exceptions to the requirement of diversity jurisdiction under the Act.
There are no exceptions to the requirement of diversity jurisdiction under the Act.
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In a case with diversity jurisdiction, the court can exercise supplemental jurisdiction over a claim that does not meet the $75,000 amount-in-controversy requirement as long as it meets the common-nucleus-of-operative-facts test.
In a case with diversity jurisdiction, the court can exercise supplemental jurisdiction over a claim that does not meet the $75,000 amount-in-controversy requirement as long as it meets the common-nucleus-of-operative-facts test.
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Under the Act, the amount at issue is irrelevant to diversity jurisdiction.
Under the Act, the amount at issue is irrelevant to diversity jurisdiction.
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The federal court can exercise supplemental jurisdiction over a claim made by a plaintiff who is not diverse from one of the defendants.
The federal court can exercise supplemental jurisdiction over a claim made by a plaintiff who is not diverse from one of the defendants.
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In a diversity jurisdiction case, the court can exercise jurisdiction over a defendant who is not diverse from one of the plaintiffs if the claim is compulsory.
In a diversity jurisdiction case, the court can exercise jurisdiction over a defendant who is not diverse from one of the plaintiffs if the claim is compulsory.
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A defendant can be joined under permissive joinder in a diversity jurisdiction case as long as the claim against them meets the $75,000 amount-in-controversy requirement.
A defendant can be joined under permissive joinder in a diversity jurisdiction case as long as the claim against them meets the $75,000 amount-in-controversy requirement.
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A counterclaim made by a defendant against a plaintiff can be asserted without satisfying the jurisdictional amount if it is a compulsory counterclaim.
A counterclaim made by a defendant against a plaintiff can be asserted without satisfying the jurisdictional amount if it is a compulsory counterclaim.
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A permissive counterclaim made by a defendant against a plaintiff must satisfy the jurisdictional amount and complete diversity requirements.
A permissive counterclaim made by a defendant against a plaintiff must satisfy the jurisdictional amount and complete diversity requirements.
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The court can exercise supplemental jurisdiction over a claim against a defendant who was joined under permissive joinder in a diversity jurisdiction case.
The court can exercise supplemental jurisdiction over a claim against a defendant who was joined under permissive joinder in a diversity jurisdiction case.
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The federal court can exercise jurisdiction over a claim against a defendant who was joined under compulsory joinder in a diversity jurisdiction case, even if the claim does not meet the $75,000 amount-in-controversy requirement.
The federal court can exercise jurisdiction over a claim against a defendant who was joined under compulsory joinder in a diversity jurisdiction case, even if the claim does not meet the $75,000 amount-in-controversy requirement.
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When there is a legitimate assignment of a claim, the assignor’s citizenship, as opposed to the assignee’s citizenship, will be determinative for diversity purposes.
When there is a legitimate assignment of a claim, the assignor’s citizenship, as opposed to the assignee’s citizenship, will be determinative for diversity purposes.
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A party may manufacture diversity jurisdiction by failing to join a nondiverse indispensable party.
A party may manufacture diversity jurisdiction by failing to join a nondiverse indispensable party.
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A party’s motive for changing citizenship is relevant in determining whether the change of state citizenship is genuine for diversity purposes.
A party’s motive for changing citizenship is relevant in determining whether the change of state citizenship is genuine for diversity purposes.
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Improper or collusive devices to invoke federal jurisdiction are allowed.
Improper or collusive devices to invoke federal jurisdiction are allowed.
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Assignment of claims can never create or destroy diversity jurisdiction.
Assignment of claims can never create or destroy diversity jurisdiction.
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A party can voluntarily change state citizenship after the accrual of a cause of action, but before the commencement of a lawsuit, and therefore establish or defeat diversity jurisdiction.
A party can voluntarily change state citizenship after the accrual of a cause of action, but before the commencement of a lawsuit, and therefore establish or defeat diversity jurisdiction.
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Failure to name indispensable parties can never affect diversity jurisdiction.
Failure to name indispensable parties can never affect diversity jurisdiction.
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Diversity jurisdiction can be created or destroyed by the use of collusive devices.
Diversity jurisdiction can be created or destroyed by the use of collusive devices.
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Under Rule 4(k)(1)(A), a federal court determines personal jurisdiction as if it were a court of the state where the district court is located.
Under Rule 4(k)(1)(A), a federal court determines personal jurisdiction as if it were a court of the state where the district court is located.
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A federal court has nationwide personal jurisdiction over a defendant in all cases.
A federal court has nationwide personal jurisdiction over a defendant in all cases.
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The 'bulge provision' under Rule 4(k)(1)(B) applies to all parties in a federal court.
The 'bulge provision' under Rule 4(k)(1)(B) applies to all parties in a federal court.
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In determining whether a defendant's contacts are sufficient, the court considers whether the defendant recognized or anticipated the risk of being sued in any state.
In determining whether a defendant's contacts are sufficient, the court considers whether the defendant recognized or anticipated the risk of being sued in any state.
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A federal court must look to state jurisdictional statutes to determine if it has personal jurisdiction over the parties before it.
A federal court must look to state jurisdictional statutes to determine if it has personal jurisdiction over the parties before it.
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Federal courts always have personal jurisdiction over a defendant who is served within a U.S. judicial district and not more than 100 miles from where the summons is issued.
Federal courts always have personal jurisdiction over a defendant who is served within a U.S. judicial district and not more than 100 miles from where the summons is issued.
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A defendant's minimum contacts with the forum state are irrelevant in determining personal jurisdiction under the long-arm statute.
A defendant's minimum contacts with the forum state are irrelevant in determining personal jurisdiction under the long-arm statute.
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A federal court determines personal jurisdiction solely based on the state jurisdictional statutes.
A federal court determines personal jurisdiction solely based on the state jurisdictional statutes.
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If a non-resident defendant has sufficient minimum contacts with the forum state, the court may assert in personam jurisdiction over the defendant without attachment jurisdiction.
If a non-resident defendant has sufficient minimum contacts with the forum state, the court may assert in personam jurisdiction over the defendant without attachment jurisdiction.
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A court can assert in personam jurisdiction over a non-resident defendant if the defendant has purposeful and substantial contacts with the forum state, even if the defendant did not foresee being taken to court there.
A court can assert in personam jurisdiction over a non-resident defendant if the defendant has purposeful and substantial contacts with the forum state, even if the defendant did not foresee being taken to court there.
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The long-arm statute is a federal statute that governs personal jurisdiction in all states.
The long-arm statute is a federal statute that governs personal jurisdiction in all states.
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The existence of a contract can be a significant factor in determining that minimum contacts exist, such that the exercise of personal jurisdiction over the nonresident is appropriate.
The existence of a contract can be a significant factor in determining that minimum contacts exist, such that the exercise of personal jurisdiction over the nonresident is appropriate.
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A federal court need only determine whether the statutory requirements of the state jurisdictional statute have been met to assert personal jurisdiction.
A federal court need only determine whether the statutory requirements of the state jurisdictional statute have been met to assert personal jurisdiction.
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A choice-of-law provision in a contract indicating that the forum state's law is to be used in any action with regard to the contract will not be a significant factor in finding jurisdiction.
A choice-of-law provision in a contract indicating that the forum state's law is to be used in any action with regard to the contract will not be a significant factor in finding jurisdiction.
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In rem jurisdiction is the authority of a court to determine issues concerning rights in property, and such determination is conclusive only against the parties named.
In rem jurisdiction is the authority of a court to determine issues concerning rights in property, and such determination is conclusive only against the parties named.
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Personal jurisdiction depends on the specific facts of each case and considers whether the assertion of jurisdiction by the court would comport with fair play and substantial justice.
Personal jurisdiction depends on the specific facts of each case and considers whether the assertion of jurisdiction by the court would comport with fair play and substantial justice.
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For diversity jurisdiction, a corporation is considered a citizen of the state where it has its principal place of business only.
For diversity jurisdiction, a corporation is considered a citizen of the state where it has its principal place of business only.
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A corporation can have multiple states of incorporation.
A corporation can have multiple states of incorporation.
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The principal place of business of a corporation is the state where it is incorporated.
The principal place of business of a corporation is the state where it is incorporated.
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Diversity jurisdiction will exist if any opposing party is a citizen of any of the states of which the corporation is a citizen.
Diversity jurisdiction will exist if any opposing party is a citizen of any of the states of which the corporation is a citizen.
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A corporation's state of incorporation is the state in which the corporate entity is legally established.
A corporation's state of incorporation is the state in which the corporate entity is legally established.
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The 'nerve center' of the corporation refers to its state of incorporation.
The 'nerve center' of the corporation refers to its state of incorporation.
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Class actions require diversity jurisdiction if the amount at issue totals more than $5,000,000.
Class actions require diversity jurisdiction if the amount at issue totals more than $5,000,000.
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Diversity jurisdiction will exist if any member of the plaintiff class is diverse with any defendant, regardless of the amount at issue.
Diversity jurisdiction will exist if any member of the plaintiff class is diverse with any defendant, regardless of the amount at issue.
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Study Notes
Defendants and Personal Jurisdiction
- A defendant may agree to submit to the jurisdiction of the court in advance through a contract, known as express consent.
- Express consent is not effective if the court determines that the contract was a contract of adhesion.
- A defendant may stipulate to personal jurisdiction once an action is brought, as seen in Petrowski v. Hawkeye-Security Ins. Co. (1956).
- Consent is also given when a person authorizes an agent to accept service of process.
Implied Consent
- A defendant may be deemed to have consented through conduct, such as:
- Filing a counterclaim
- Driving a vehicle within a state
- This type of consent is known as implied consent.
Voluntary Appearance
- Traditionally, a defendant's voluntary appearance in court automatically subjected them to personal jurisdiction, unless they were present with the express purpose of objecting to personal jurisdiction.
- This was known as a "special appearance" and was distinguished from a "general appearance" to litigate the merits of the case.
- Many courts have abolished this distinction and no longer require a "special appearance" to allow a defendant to object to personal jurisdiction.
Long-Arm Statutes
- Most states have enacted long-arm statutes that authorize personal jurisdiction over nonresidents who engage in some activity in the state or cause some action to occur within the state.
- If there are sufficient contacts, the court generally has in personam jurisdiction over the defendant, and attachment jurisdiction is unnecessary.
Due Process Requirements
- Due process requirements are satisfied if the nonresident defendant has sufficient minimum contacts with the forum state, such that the maintenance of the action does not offend traditional notions of fair play and substantial justice.
- The focus is on:
- The contacts that the defendant has or had with the forum state
- Whether the assertion of jurisdiction by the court would comport with fair play and substantial justice
- Personal jurisdiction will depend on the facts of each case.
Minimum Contacts
- Required by International Shoe Co. v. State of Washington (1945)
- Since Shafer v. Heitner (1977), minimum contacts are required for in personam jurisdiction, and mere presence of property within the state is not sufficient.
- Minimum contacts include:
- Purposeful availment
- Foreseeability of being taken to court in the forum state
Purposeful Availment
- A defendant's contacts with the forum state must be purposeful and substantial, such that the defendant should reasonably anticipate being taken to court there.
- Foreseeability depends on whether a defendant recognizes or anticipates that by running their business, they risk being party to a suit in a particular state, as seen in World-Wide Volkswagen Corp. v. Woodson (1980).
Attachment
- Under "attachment" jurisdiction, a plaintiff could use attachment of property owned by the defendant and located in the forum state as a device to obtain jurisdiction.
- However, since Shafer v. Heitner (1977), there must be minimum contacts between the defendant and the forum state in order to establish jurisdiction.
- Mere ownership of the attached property is generally not sufficient to satisfy the minimum contacts test, unless the claim is related to the ownership of the attached property.
Defendants and Personal Jurisdiction
- A defendant may agree to submit to the jurisdiction of the court in advance through a contract, known as express consent.
- Express consent is not effective if the court determines that the contract was a contract of adhesion.
- A defendant may stipulate to personal jurisdiction once an action is brought, as seen in Petrowski v. Hawkeye-Security Ins. Co. (1956).
- Consent is also given when a person authorizes an agent to accept service of process.
Implied Consent
- A defendant may be deemed to have consented through conduct, such as:
- Filing a counterclaim
- Driving a vehicle within a state
- This type of consent is known as implied consent.
Voluntary Appearance
- Traditionally, a defendant's voluntary appearance in court automatically subjected them to personal jurisdiction, unless they were present with the express purpose of objecting to personal jurisdiction.
- This was known as a "special appearance" and was distinguished from a "general appearance" to litigate the merits of the case.
- Many courts have abolished this distinction and no longer require a "special appearance" to allow a defendant to object to personal jurisdiction.
Long-Arm Statutes
- Most states have enacted long-arm statutes that authorize personal jurisdiction over nonresidents who engage in some activity in the state or cause some action to occur within the state.
- If there are sufficient contacts, the court generally has in personam jurisdiction over the defendant, and attachment jurisdiction is unnecessary.
Due Process Requirements
- Due process requirements are satisfied if the nonresident defendant has sufficient minimum contacts with the forum state, such that the maintenance of the action does not offend traditional notions of fair play and substantial justice.
- The focus is on:
- The contacts that the defendant has or had with the forum state
- Whether the assertion of jurisdiction by the court would comport with fair play and substantial justice
- Personal jurisdiction will depend on the facts of each case.
Minimum Contacts
- Required by International Shoe Co. v. State of Washington (1945)
- Since Shafer v. Heitner (1977), minimum contacts are required for in personam jurisdiction, and mere presence of property within the state is not sufficient.
- Minimum contacts include:
- Purposeful availment
- Foreseeability of being taken to court in the forum state
Purposeful Availment
- A defendant's contacts with the forum state must be purposeful and substantial, such that the defendant should reasonably anticipate being taken to court there.
- Foreseeability depends on whether a defendant recognizes or anticipates that by running their business, they risk being party to a suit in a particular state, as seen in World-Wide Volkswagen Corp. v. Woodson (1980).
Attachment
- Under "attachment" jurisdiction, a plaintiff could use attachment of property owned by the defendant and located in the forum state as a device to obtain jurisdiction.
- However, since Shafer v. Heitner (1977), there must be minimum contacts between the defendant and the forum state in order to establish jurisdiction.
- Mere ownership of the attached property is generally not sufficient to satisfy the minimum contacts test, unless the claim is related to the ownership of the attached property.
Federal Jurisdiction
- Federal jurisdiction can be established with only two adverse claimants of diverse citizenship.
- For class actions, diversity is met if any member of the plaintiff class is diverse with any defendant, as long as the amount in controversy totals more than $5,000,000.
Multiparty, Multiforum Trial Jurisdiction Act of 2002
- For civil actions arising from a single accident, only one plaintiff needs to be of diverse citizenship from one defendant for a federal court to have diversity jurisdiction.
- Requirements for diversity jurisdiction:
- At least 75 natural persons have died in the accident at a discrete location.
- A defendant resides in a state and a substantial part of the accident took place in another state or other location.
- Any two defendants reside in different states.
- Substantial parts of the accident took place in different states.
Abstention
- If the substantial majority of all plaintiffs are citizens of a single state, and the primary defendants are also citizens of that state, the district court must abstain from hearing the case.
- If the claims asserted will be governed primarily by the laws of that state, the district court must also abstain from hearing the case.
Suits Against Foreign States
- Under the Foreign Sovereign Immunities Act (FSIA), a suit may not be brought in federal or state court against a foreign state, unless an exception applies.
- Exceptions include:
- Engaging in a commercial activity.
- Committing a tort in the United States.
- Seizing property in violation of international law.
- A foreign state may sue one or more citizens of one or more U.S. states in federal court.
Complete Diversity
- Diversity jurisdiction requires complete diversity between opposing parties in a case.
- There is no diversity of citizenship if any plaintiff is a citizen of the same state as any defendant.
- Two or more plaintiffs may be from the same state without destroying diversity, if no plaintiff is from the same state as any defendant.
- Two or more defendants may be from the same state without destroying diversity, if no defendant is from the same state as any plaintiff.
Interpleader
- The Federal Interpleader Act allows the holder of property that is claimed by two or more persons to deposit the property with a court to determine ownership.
- A cross-claim may be asserted by a defendant against another defendant or by a plaintiff against another plaintiff, without regard to the amount in controversy or the citizenship of the parties.
Precluded Claims in Diversity Cases
- In actions in which the original jurisdiction of the federal court is based solely on diversity jurisdiction, supplemental jurisdiction over certain claims is precluded.
- Precluded claims include:
- Claims by existing plaintiffs against persons made parties under certain Federal Rules of Civil Procedure.
- Claims by persons to be joined as plaintiffs pursuant to Rule 19.
- Claims by persons seeking to intervene as plaintiffs pursuant to Rule 24.
Supplemental Jurisdiction
- Supplemental jurisdiction can be exercised over a claim if it meets the common-nucleus-of-operative-facts test, even if it doesn't satisfy the $75,000 amount-in-controversy requirement.
- However, supplemental jurisdiction does not apply to defendants sought to be joined under the permissive joinder rule in a case based exclusively on diversity jurisdiction, which would destroy diversity.
Counterclaims
- A defendant can assert a counterclaim against a plaintiff without satisfying the jurisdictional amount if the counterclaim is compulsory.
- A permissive counterclaim does not qualify for supplementary jurisdiction and must satisfy the jurisdictional amount and the rule of complete diversity.
Cross-claims
- No specific information provided.
Federal Interpleader Rule
- Federal jurisdiction can be established with only two adverse claimants of diverse citizenship.
Class Actions
- For certain class actions, diversity is met if any member of the plaintiff class is diverse with any defendant, as long as the amount at issue totals more than $5,000,000.
Multiparty, Multiforum Trial Jurisdiction Act of 2002
- For a civil action arising from a single accident, diversity jurisdiction can be established if:
- At least 75 natural persons have died in the accident at a discrete location.
- Only one plaintiff needs to be of diverse citizenship from one defendant.
- A defendant resides in a state and a substantial part of the accident took place in another state or other location.
- Any two defendants reside in different states.
- Substantial parts of the accident took place in different states.
- However, the district court must abstain from hearing the case if:
- The substantial majority of all plaintiffs are citizens of a single state of which the primary defendants are also citizens.
- The claims asserted will be governed primarily by the laws of that state.
Devices to Create or Destroy Diversity
- Federal jurisdiction is prohibited if a party uses improper or collusive devices to invoke such jurisdiction.
Assignment of Claims
- A legitimate assignment of a claim makes the assignee the real party in interest, and their citizenship determines diversity jurisdiction.
- However, if the assignment is used to manufacture or create diversity jurisdiction collusively, diversity jurisdiction does not exist.
Failure to Name Indispensable Parties
- Parties may not manufacture diversity jurisdiction by failing to join a nondiverse indispensable party.
Voluntary Change of State Citizenship
- A party may voluntarily change state citizenship after the accrual of a cause of action, but before the commencement of a lawsuit, and therefore establish or defeat diversity jurisdiction.
- The party's motive for changing citizenship is irrelevant, but the change of state citizenship must be genuine to be recognized.
Class Actions and Diversity Jurisdiction
- For certain class actions, diversity will be met if any member of the plaintiff class is diverse with any defendant, when the amount at issue totals more than $5,000,000.
- § 1332(d)(2)(A) and § I.C.5.c. Aggregation of claims are relevant for diversity jurisdiction.
Business Entities and Citizenship
- A corporation is deemed to be a citizen of every State and foreign state where it is incorporated and of the State or foreign state where it has its principal place of business. (§ 1332(c))
- A corporation may be a citizen of more than one state for diversity purposes, and diversity jurisdiction will not exist if any opposing party is a citizen of any of the states of which the corporation is a citizen.
- A corporation's state of incorporation is the state in which the corporate entity is legally established.
- A corporation's principal place of business is the "nerve center" of the corporation (Hertz Corp. v. Friend, 559 U.S. 77 (2010)).
Effect of State Jurisdictional Statutes on Personal Jurisdiction in Federal Court
- Under Rule 4(k)(1)(A), the service of a summons in a federal action establishes personal jurisdiction over a defendant who is subject to the jurisdiction of a court of general jurisdiction in the state where the district court is located.
- A federal court must generally determine personal jurisdiction as if it were a court of the state in which it is situated.
- A federal court will look to state jurisdictional statutes (e.g., long-arm statutes) to determine if it has personal jurisdiction over the parties before it.
Alternative Sources of Personal Jurisdiction
- Nationwide personal jurisdiction may be authorized by federal statute, such as for federal statutory interpleader actions (Rule 4(k)(1)(C)).
- The "bulge provision" (Rule 4(k)(1)(B)) allows a federal court to have personal jurisdiction over a party who is served within a U.S. judicial district and not more than 100 miles from where the summons is issued.
Suits Based on a Contract
- The existence of a contract can be a significant factor in determining minimum contacts exist, such that the exercise of personal jurisdiction over the nonresident is appropriate (Burger King v. Rudzewicz, 471 U.S. 462 (1985)).
- A choice-of-law provision in a contract indicating that the forum state's law is to be used in any action with regard to the contract can be a significant factor in finding jurisdiction.
- If the contract is adhesive or was procured through fraud, then personal jurisdiction based on the contract is not appropriate.
Jurisdiction Over Things
- In rem jurisdiction is the authority of a court to determine issues concerning rights in property, either real or personal.
- In rem jurisdiction determines title to the property, and such determination is conclusive as against all potential claimants.
- Examples of in rem proceedings include forfeiture and eminent domain actions initiated by the government, as well as quiet-title actions usually initiated by a private party.
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This quiz covers the concept of a defendant's consent in submitting to the jurisdiction of a court, including express consent and contractual agreements.
