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Questions and Answers
Under what circumstance does a federal court have national personal jurisdiction, according to federal statute?
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?
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)?
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?
What is the Erie doctrine, in the context of personal jurisdiction in federal court?
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How does a federal court determine the applicable state law for personal jurisdiction?
How does a federal court determine the applicable state law for personal jurisdiction?
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What is the significance of Omni Capital Int’l, Ltd. v. Rudolf Wol & Co. in personal jurisdiction?
What is the significance of Omni Capital Int’l, Ltd. v. Rudolf Wol & Co. in personal jurisdiction?
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Under what circumstances can a federal court exercise personal jurisdiction over a party not subject to state jurisdiction?
Under what circumstances can a federal court exercise personal jurisdiction over a party not subject to state jurisdiction?
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What is the threshold for a federal court to exercise personal jurisdiction under the 'bulge provision'?
What is the threshold for a federal court to exercise personal jurisdiction under the 'bulge provision'?
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What is the minimum amount required for a class action to meet diversity jurisdiction under § 1332(d)(2)(A)?
What is the minimum amount required for a class action to meet diversity jurisdiction under § 1332(d)(2)(A)?
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How is a corporation's citizenship determined for diversity purposes?
How is a corporation's citizenship determined for diversity purposes?
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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?
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?
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What is the state of incorporation of a corporation?
What is the state of incorporation of a corporation?
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What is the 'principal place of business' of a corporation?
What is the 'principal place of business' of a corporation?
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What happens if a corporation is incorporated in more than one state or foreign country?
What happens if a corporation is incorporated in more than one state or foreign country?
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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?
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?
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What is the purpose of the Class Action Fairness Act (CAFA)?
What is the purpose of the Class Action Fairness Act (CAFA)?
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Under what circumstances can a contract be relevant to establishing minimum contacts in determining personal jurisdiction?
Under what circumstances can a contract be relevant to establishing minimum contacts in determining personal jurisdiction?
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What is the significance of a choice-of-law provision in a contract regarding personal jurisdiction?
What is the significance of a choice-of-law provision in a contract regarding personal jurisdiction?
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What happens when a contract is adhesive or procured through fraud in regards to personal jurisdiction?
What happens when a contract is adhesive or procured through fraud in regards to personal jurisdiction?
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What is in rem jurisdiction?
What is in rem jurisdiction?
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What is an example of in rem proceedings?
What is an example of in rem proceedings?
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What is the significance of a court's determination in an in rem proceeding?
What is the significance of a court's determination in an in rem proceeding?
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Why is a contract not enough to establish personal jurisdiction?
Why is a contract not enough to establish personal jurisdiction?
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What is the relationship between a choice-of-law provision and personal jurisdiction?
What is the relationship between a choice-of-law provision and personal jurisdiction?
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What is the significance of the Erie doctrine in determining personal jurisdiction in federal court?
What is the significance of the Erie doctrine in determining personal jurisdiction in federal court?
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How does a federal court determine the applicable state law for personal jurisdiction purposes?
How does a federal court determine the applicable state law for personal jurisdiction purposes?
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What is the effect of a federal statute on personal jurisdiction in federal court?
What is the effect of a federal statute on personal jurisdiction in federal court?
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What is the significance of the Class Action Fairness Act (CAFA) in determining personal jurisdiction?
What is the significance of the Class Action Fairness Act (CAFA) in determining personal jurisdiction?
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How does a court determine minimum contacts to establish personal jurisdiction over a non-resident party to a contract?
How does a court determine minimum contacts to establish personal jurisdiction over a non-resident party to a contract?
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When can a federal court exercise personal jurisdiction over a party not subject to state jurisdiction?
When can a federal court exercise personal jurisdiction over a party not subject to state jurisdiction?
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What is the significance of a choice-of-law provision in a contract regarding personal jurisdiction?
What is the significance of a choice-of-law provision in a contract regarding personal jurisdiction?
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What is the effect of a 'bulge provision' under Rule 4(k)(1)(B) on personal jurisdiction?
What is the effect of a 'bulge provision' under Rule 4(k)(1)(B) on personal jurisdiction?
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What happens when a contract is adhesive or procured through fraud in regards to personal jurisdiction?
What happens when a contract is adhesive or procured through fraud in regards to personal jurisdiction?
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What is the difference between in rem and quasi-in-rem jurisdiction?
What is the difference between in rem and quasi-in-rem jurisdiction?
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How does a federal court's personal jurisdiction analysis differ in class actions versus individual cases?
How does a federal court's personal jurisdiction analysis differ in class actions versus individual cases?
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Can a federal court exercise personal jurisdiction over a corporation based on its 'principal place of business'?
Can a federal court exercise personal jurisdiction over a corporation based on its 'principal place of business'?
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What is the significance of a court's determination in an in rem proceeding?
What is the significance of a court's determination in an in rem proceeding?
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Why is a contract not enough to establish personal jurisdiction?
Why is a contract not enough to establish personal jurisdiction?
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What is the relationship between a choice-of-law provision and personal jurisdiction?
What is the relationship between a choice-of-law provision and personal jurisdiction?
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How does a court determine the applicable state law for personal jurisdiction?
How does a court determine the applicable state law for personal jurisdiction?
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What is the minimum amount required for a class action to meet diversity jurisdiction under § 1332(d)(2)(A)?
What is the minimum amount required for a class action to meet diversity jurisdiction under § 1332(d)(2)(A)?
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How is a corporation's citizenship determined for diversity purposes?
How is a corporation's citizenship determined for diversity purposes?
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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?
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?
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What is the significance of the 'nerve center' of a corporation in determining its principal place of business?
What is the significance of the 'nerve center' of a corporation in determining its principal place of business?
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What happens if a corporation is incorporated in more than one state or foreign country?
What happens if a corporation is incorporated in more than one state or foreign country?
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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?
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?
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What is the purpose of the Class Action Fairness Act (CAFA)?
What is the purpose of the Class Action Fairness Act (CAFA)?
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What is the significance of aggregation of claims in certain class actions?
What is the significance of aggregation of claims in certain class actions?
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What circumstances would render a party's change of state citizenship ineffective in establishing or defeating diversity jurisdiction?
What circumstances would render a party's change of state citizenship ineffective in establishing or defeating diversity jurisdiction?
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What is the consequence of manufacturing diversity jurisdiction by failing to join a nondiverse indispensable party?
What is the consequence of manufacturing diversity jurisdiction by failing to join a nondiverse indispensable party?
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What is the significance of an assignment of claims in determining diversity jurisdiction?
What is the significance of an assignment of claims in determining diversity jurisdiction?
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What is the consequence of using improper or collusive devices to invoke federal jurisdiction?
What is the consequence of using improper or collusive devices to invoke federal jurisdiction?
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In what circumstances can a party's citizenship be changed to establish or defeat diversity jurisdiction?
In what circumstances can a party's citizenship be changed to establish or defeat diversity jurisdiction?
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What is the significance of the Kramer v. Caribbean Mills, Inc. case in determining diversity jurisdiction?
What is the significance of the Kramer v. Caribbean Mills, Inc. case in determining diversity jurisdiction?
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What is the consequence of improperly assigning a claim to create diversity jurisdiction?
What is the consequence of improperly assigning a claim to create diversity jurisdiction?
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What is the significance of determining a party's citizenship in federal court?
What is the significance of determining a party's citizenship in federal court?
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What is the requirement for a federal court to exercise supplemental jurisdiction over a claim that does not meet the amount-in-controversy requirement?
What is the requirement for a federal court to exercise supplemental jurisdiction over a claim that does not meet the amount-in-controversy requirement?
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What is the exception to the complete diversity requirement in diversity jurisdiction?
What is the exception to the complete diversity requirement in diversity jurisdiction?
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In what type of case does the complete diversity requirement not apply?
In what type of case does the complete diversity requirement not apply?
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What is the difference between compulsory joinder and permissive joinder?
What is the difference between compulsory joinder and permissive joinder?
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When can a defendant assert a counterclaim against a plaintiff without meeting the amount-in-controversy requirement?
When can a defendant assert a counterclaim against a plaintiff without meeting the amount-in-controversy requirement?
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What is the requirement for a federal court to exercise supplemental jurisdiction over a counterclaim?
What is the requirement for a federal court to exercise supplemental jurisdiction over a counterclaim?
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What is the effect of permissive joinder on diversity jurisdiction?
What is the effect of permissive joinder on diversity jurisdiction?
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When can a federal court exercise supplemental jurisdiction over a cross-claim?
When can a federal court exercise supplemental jurisdiction over a cross-claim?
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What is the minimum amount required for certain class actions to meet diversity jurisdiction, and under what statutory provision?
What is the minimum amount required for certain class actions to meet diversity jurisdiction, and under what statutory provision?
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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?
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?
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What is the requirement for diversity jurisdiction in federal interpleader, and how does it differ from the typical diversity jurisdiction requirement?
What is the requirement for diversity jurisdiction in federal interpleader, and how does it differ from the typical diversity jurisdiction requirement?
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What is the rule for diversity jurisdiction in certain class actions, and how does it differ from the typical diversity jurisdiction requirement?
What is the rule for diversity jurisdiction in certain class actions, and how does it differ from the typical diversity jurisdiction requirement?
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What is the purpose of the abstention provision in the Multiparty, Multiforum Trial Jurisdiction Act of 2002?
What is the purpose of the abstention provision in the Multiparty, Multiforum Trial Jurisdiction Act of 2002?
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What is the significance of the provision allowing for nationwide service of process in the Multiparty, Multiforum Trial Jurisdiction Act of 2002?
What is the significance of the provision allowing for nationwide service of process in the Multiparty, Multiforum Trial Jurisdiction Act of 2002?
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What is the requirement for federal jurisdiction in a case involving multiple defendants, and how does it differ from the typical diversity jurisdiction requirement?
What is the requirement for federal jurisdiction in a case involving multiple defendants, and how does it differ from the typical diversity jurisdiction requirement?
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What is the significance of the provision allowing for intervention as a plaintiff in the Multiparty, Multiforum Trial Jurisdiction Act of 2002?
What is the significance of the provision allowing for intervention as a plaintiff in the Multiparty, Multiforum Trial Jurisdiction Act of 2002?
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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.
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Description
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.