72 Questions
Under what circumstance does a federal court have national personal jurisdiction, according to federal statute?
When authorized by federal statute, such as for federal statutory interpleader actions.
What is the rule that guides federal courts in determining personal jurisdiction, in relation to state jurisdictional statutes?
Rule 4(k)(1)(A)
What is the purpose of the 'bulge provision' under Rule 4(k)(1)(B)?
To allow personal jurisdiction over a party served within a U.S. judicial district and not more than 100 miles from where the summons is issued.
What is the Erie doctrine, in the context of personal jurisdiction in federal court?
The doctrine that federal courts must determine personal jurisdiction as if they were a court of the state in which they are situated.
How does a federal court determine the applicable state law for personal jurisdiction?
By looking to state jurisdictional statutes, such as long-arm statutes.
What is the significance of Omni Capital Int’l, Ltd. v. Rudolf Wol & Co. in personal jurisdiction?
The case established that federal courts generally do not have nationwide personal jurisdiction.
Under what circumstances can a federal court exercise personal jurisdiction over a party not subject to state jurisdiction?
When authorized by federal statute, or under the 'bulge provision' of Rule 4(k)(1)(B).
What is the threshold for a federal court to exercise personal jurisdiction under the 'bulge provision'?
Service of a summons within a U.S. judicial district and not more than 100 miles from where the summons is issued.
What is the minimum amount required for a class action to meet diversity jurisdiction under § 1332(d)(2)(A)?
$5,000,000
How is a corporation's citizenship determined for diversity purposes?
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.
What happens if a corporation is a citizen of multiple states and one of the opposing parties is a citizen of any of those states?
Diversity jurisdiction will not exist.
What is the state of incorporation of a corporation?
The state in which the corporate entity is legally established.
What is the 'principal place of business' of a corporation?
The 'nerve center' of the corporation, as held by the Supreme Court in Hertz Corp. v. Friend.
What happens if a corporation is incorporated in more than one state or foreign country?
It is considered a citizen of each state and foreign country in which it is incorporated.
Can a pleader choose to allege that a corporation's citizenship is either its state of incorporation or the state where the principal place of business is located?
No
What is the purpose of the Class Action Fairness Act (CAFA)?
To provide for diversity jurisdiction in certain class actions.
Under what circumstances can a contract be relevant to establishing minimum contacts in determining personal jurisdiction?
The existence of the contract can be a significant factor in determining minimum contacts exist, such as in Burger King v. Rudzewicz, 471 U.S. 462 (1985).
What is the significance of a choice-of-law provision in a contract regarding personal jurisdiction?
It indicates that the forum state's law is to be used in any action with regard to the contract, which can be a significant factor in finding jurisdiction.
What happens when a contract is adhesive or procured through fraud in regards to personal jurisdiction?
Personal jurisdiction based on the contract is not appropriate.
What is in rem jurisdiction?
The authority of a court to determine issues concerning rights in property, either real or personal.
What is an example of in rem proceedings?
Forfeiture and eminent domain actions initiated by the government, as well as quiet-title actions initiated by a private party.
What is the significance of a court's determination in an in rem proceeding?
The determination is conclusive as against all potential claimants.
Why is a contract not enough to establish personal jurisdiction?
Because the fact that one party to a contract is a resident of the forum state will not, by itself, confer personal jurisdiction over the nonresident party.
What is the relationship between a choice-of-law provision and personal jurisdiction?
The choice-of-law provision can be a significant factor in finding jurisdiction by establishing that the nonresident purposefully availed themselves of the benefits of the forum's laws.
What is the significance of the Erie doctrine in determining personal jurisdiction in federal court?
The Erie doctrine requires federal courts to apply state law when determining personal jurisdiction, ensuring consistency with state court decisions.
How does a federal court determine the applicable state law for personal jurisdiction purposes?
A federal court determines the applicable state law by looking to the state's jurisdictional statutes, as if it were a court of the state in which it is situated.
What is the effect of a federal statute on personal jurisdiction in federal court?
A federal statute can authorize nationwide personal jurisdiction, such as in federal statutory interpleader actions.
What is the significance of the Class Action Fairness Act (CAFA) in determining personal jurisdiction?
CAFA expanded federal jurisdiction over class actions, allowing for removal to federal court in certain cases.
How does a court determine minimum contacts to establish personal jurisdiction over a non-resident party to a contract?
The court considers the contract as a significant factor in determining minimum contacts, including the non-resident's purposeful availment of the forum's laws.
When can a federal court exercise personal jurisdiction over a party not subject to state jurisdiction?
A federal court can exercise personal jurisdiction over a party not subject to state jurisdiction in certain circumstances, such as under Rule 4(k)(1)(C) for federal statutory interpleader actions.
What is the significance of a choice-of-law provision in a contract regarding personal jurisdiction?
A choice-of-law provision indicating the forum state's law is to be used in any action with regard to the contract is a significant factor in finding jurisdiction.
What is the effect of a 'bulge provision' under Rule 4(k)(1)(B) on personal jurisdiction?
The 'bulge provision' allows federal courts to exercise 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.
What happens when a contract is adhesive or procured through fraud in regards to personal jurisdiction?
Personal jurisdiction based on the contract is not appropriate if it is adhesive or procured through fraud.
What is the difference between in rem and quasi-in-rem jurisdiction?
In rem jurisdiction determines issues concerning rights in property, while quasi-in-rem jurisdiction involves disputes over property but also involves a party's personal rights.
How does a federal court's personal jurisdiction analysis differ in class actions versus individual cases?
In class actions, federal courts consider the Class Action Fairness Act (CAFA) and federal jurisdictional statutes, whereas in individual cases, they apply state jurisdictional statutes.
Can a federal court exercise personal jurisdiction over a corporation based on its 'principal place of business'?
Yes, a federal court can exercise personal jurisdiction over a corporation based on its 'principal place of business', which is considered one of the corporation's citizenships for diversity purposes.
What is the significance of a court's determination in an in rem proceeding?
The court's determination of title to the property is conclusive as against all potential claimants.
Why is a contract not enough to establish personal jurisdiction?
A contract alone does not confer personal jurisdiction over a non-resident party.
What is the relationship between a choice-of-law provision and personal jurisdiction?
A choice-of-law provision can be a significant factor in establishing personal jurisdiction.
How does a court determine the applicable state law for personal jurisdiction?
The court applies the law of the state in which it sits to determine personal jurisdiction.
What is the minimum amount required for a class action to meet diversity jurisdiction under § 1332(d)(2)(A)?
$5,000,000
How is a corporation's citizenship determined for diversity purposes?
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.
What happens if a corporation is a citizen of multiple states and one of the opposing parties is a citizen of any of those states?
Diversity jurisdiction will not exist.
What is the significance of the 'nerve center' of a corporation in determining its principal place of business?
It is the location of the corporation's principal place of business.
What happens if a corporation is incorporated in more than one state or foreign country?
It is considered a citizen of each state and foreign country in which it is incorporated.
Can a pleader choose to allege that a corporation's citizenship is either its state of incorporation or the state where the principal place of business is located?
No
What is the purpose of the Class Action Fairness Act (CAFA)?
To provide for greater diversity jurisdiction in certain class actions.
What is the significance of aggregation of claims in certain class actions?
It can impact diversity jurisdiction.
What circumstances would render a party's change of state citizenship ineffective in establishing or defeating diversity jurisdiction?
A change of state citizenship is ineffective if it is not genuine, and the party changed their domicile specifically to create or destroy diversity.
What is the consequence of manufacturing diversity jurisdiction by failing to join a nondiverse indispensable party?
Diversity jurisdiction is not established.
What is the significance of an assignment of claims in determining diversity jurisdiction?
The assignee's citizenship determines diversity jurisdiction, unless the assignment is being made to manufacture or create diversity jurisdiction collusively.
What is the consequence of using improper or collusive devices to invoke federal jurisdiction?
Federal jurisdiction is prohibited.
In what circumstances can a party's citizenship be changed to establish or defeat diversity jurisdiction?
A party may voluntarily change state citizenship after the accrual of a cause of action, but before the commencement of a lawsuit, to establish or defeat diversity jurisdiction.
What is the significance of the Kramer v. Caribbean Mills, Inc. case in determining diversity jurisdiction?
The case illustrates that an assignment to a nominal party having no real interest in the claim is collusive and does not establish diversity jurisdiction.
What is the consequence of improperly assigning a claim to create diversity jurisdiction?
Diversity jurisdiction is not established.
What is the significance of determining a party's citizenship in federal court?
The party's citizenship determines whether diversity jurisdiction is established.
What is the requirement for a federal court to exercise supplemental jurisdiction over a claim that does not meet the amount-in-controversy requirement?
The claim meets the common nucleus of operative facts test.
What is the exception to the complete diversity requirement in diversity jurisdiction?
Supplemental jurisdiction, which allows a federal court to hear claims that do not meet the complete diversity requirement, but are related to claims that do.
In what type of case does the complete diversity requirement not apply?
Interpleader cases.
What is the difference between compulsory joinder and permissive joinder?
Compulsory joinder is required when a party is necessary to a lawsuit, while permissive joinder is allowed when a party is not necessary but has a claim that arises out of the same transaction or occurrence.
When can a defendant assert a counterclaim against a plaintiff without meeting the amount-in-controversy requirement?
When the counterclaim is compulsory.
What is the requirement for a federal court to exercise supplemental jurisdiction over a counterclaim?
The counterclaim must be compulsory and arise out of the same transaction or occurrence as the plaintiff's claim.
What is the effect of permissive joinder on diversity jurisdiction?
Permissive joinder can destroy diversity, which would prevent a federal court from exercising jurisdiction over the case.
When can a federal court exercise supplemental jurisdiction over a cross-claim?
When the cross-claim is compulsory and arises out of the same transaction or occurrence as the plaintiff's claim.
What is the minimum amount required for certain class actions to meet diversity jurisdiction, and under what statutory provision?
More than $5,000,000, under § 1332(d)(2)(A)
Under what circumstances can a federal court have diversity jurisdiction in a civil action involving a single accident, according to the Multiparty, Multiforum Trial Jurisdiction Act of 2002?
If at least 75 natural persons have died in the accident at a discrete location, and certain conditions are met, under § 1369(a)
What is the requirement for diversity jurisdiction in federal interpleader, and how does it differ from the typical diversity jurisdiction requirement?
Complete diversity is required, which means that all parties on one side of the case must be diverse from all parties on the other side
What is the rule for diversity jurisdiction in certain class actions, and how does it differ from the typical diversity jurisdiction requirement?
Any member of the plaintiff class must be diverse from any defendant, under § 1332(d)(2)(A)
What is the purpose of the abstention provision in the Multiparty, Multiforum Trial Jurisdiction Act of 2002?
To allow the district court to abstain from hearing the case if certain conditions are met, under § 1369(b)
What is the significance of the provision allowing for nationwide service of process in the Multiparty, Multiforum Trial Jurisdiction Act of 2002?
It allows for the service of process on defendants nationwide, regardless of their location
What is the requirement for federal jurisdiction in a case involving multiple defendants, and how does it differ from the typical diversity jurisdiction requirement?
Only one plaintiff needs to be diverse from one defendant, under § 1369(a)
What is the significance of the provision allowing for intervention as a plaintiff in the Multiparty, Multiforum Trial Jurisdiction Act of 2002?
It allows anyone involved in the accident to intervene as a plaintiff, regardless of their initial participation in the case
Study Notes
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.
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.
Supplemental Jurisdiction
- The court can exercise supplemental jurisdiction over a claim if it meets the common-nucleus-of-operative-facts test, even if it does not satisfy the $75,000 amount-in-controversy requirement.
- However, the court cannot exercise supplemental jurisdiction if the presence of a party would defeat the requirement for complete diversity.
Counterclaims
- A counterclaim may be asserted by a defendant against a plaintiff without satisfying the jurisdictional amount when 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.
Diversity Jurisdiction
- Under the Act, there need be only two adverse claimants of diverse citizenship to establish federal jurisdiction.
- For certain class actions, diversity will be 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.
- The Multiparty, Multiforum Trial Jurisdiction Act of 2002 provides for diversity jurisdiction in certain civil actions that arise from a single accident.
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: the assignee becomes the real party in interest, and its citizenship will be determinative, but if the assignment is collusive, 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, but the change must be genuine to be recognized, and a court may consider whether the party changed their domicile specifically to create or destroy diversity.
Learn about diversity jurisdiction in class actions, including scenarios where the amount at issue totals more than $5,000,000 and how corporations are considered citizens.
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