Personal Jurisdiction Overview

Personal Jurisdiction

• Courts' ability to exercise control over someone or something
• Core concept is fairness for chord 2 exercise jurisdiction over defendant

Types

• In rem: Property is the subject
• In personam:
  • Domicile: defendant maintains permanent home in the forum state
  • Tag (Burnham v. Superior ct): consent if you show up and don't object or agree to do business in the state
    • Mallory v. Norfolk Southern
    • Burger King
  • Long Arm Statute (statutory requirements): If nothing else satisfies, the long arm statute will allow jurisdiction over defendant
    • Unlimited
    • Follow constitutional requirements: must satisfy due process by:
      • Minimum contacts with the forum state (Int. shoe - doing business in state is continuous and systematic)
        • Factors:
          • defendants level of purposeful availment - did defendant take advantage of privileges and benefits enjoyed by the forum state residents; not accidentally (ex: using state courts or resources or doing business in state)
• Limited

Fairness

• Must not offend traditional notions of Fair play and substantial justice
• Exercise of personal jurisdiction must be fair
• Factors:
  • Inconvenience to defendant—would it severely disadvantage defendant?
  • Plaintiffs interest—Plaintiffs interest in obtaining convenient and fair relief
  • Cost of litigating in defendants domicile and difficulty of travel to
  • Forum state interest—interest in providing redress for its residents or an interest in the outcome of the case
  • Judicial efficiency—ease of litigating in forum state (ex: consider location of witnesses, evidence, ETC)

Notice

• Defendant must be reasonably notified of the pending lawsuit
• Requirement: notice must be reasonably calculated under the circumstances to apprise defendant of pendency of action

Subject Matter Jurisdiction

• Courts' ability to exercise authority over a claim
• Federal courts are limited
• State courts - anywhere there is personal jurisdiction
• Types:
  • Federal question jurisdiction
  • Diversity jurisdiction
  • Supplemental jurisdiction
  • Removal jurisdiction

Federal Question Jurisdiction (1331)

• If a claim arises under the constitution, US treaty, or federal law, the court has federal question jurisdiction
• Plaintiffs claim must clearly raise a claim arising under federal authority (does it raise a federal question? Mottley case: Cannot arise out of a predicted defense or counterclaim)
• Is it the right kind of federal issue? (Substantial federal issue or federal cause of action (by statute)

Diversity Jurisdiction (1332)

• Gives federal courts authority over citizens of different states, even when claims do not arise under federal law
• Total amount in controversy must be more than $75,000
• Complete diversity: defendant and plaintiff must be from different states

Venue

• Determining federal judicial districts in which plaintiffs may bring suit
• Main factor is convenience
• Venue is proper:
  • In any district where defendant resides (if all defendants are from the same state)
  • In any district where a substantial part of the claim arose(where it occurred)
• How do we know which venue is proper within a state? (corporations) – interpretations:
  • Corporation is a resident of all districts.
  • Corporation is a resident only in the districts where they have corporate address.
• Venue Transfer

Erie Doctrine

• In diversity cases, federal courts mostly apply state substantive law and federal procedural law
• When a federal law SUBSTANTIALLY conflicts with state law, the court should apply federal law
• Procedural Law: the rules by which a case will be heard
• Substantive Law: how the facts of the case will be interpreted
• Analysis: Do you apply state or federal substantive law?
  • If there is a conflict between federal and state laws, we use guided (fed Q on point)
  • If federal and state laws don't directly conflict, we use unguided
    • Is there a federal question on point?

Discovery

• Process where parties seek an exchange of information
• Rule 26 involves depositions, requests for production, interrogatories, and conferences
• Scope: Material is discoverable if
  • Non privileged
    • Attorney-client privilege: communication between attorney and client done in private; Providing legal advice
    • Work product (rule 26b3): prepared in anticipation of the litigation by the client or attorney or agent

Motion for Summary Judgment

• Asks court to enter judgment against the opposing party
• Rule 56: facts are viewed in light most favorable to non moving party
• Happens after discovery and before trial
• Is there an actual dispute of facts?
  • Yes, then trial
  • No, then summary judgment
• The party that moves for summary judgment bears the burden of production
• Evidence is weighed in favor of plaintiff unless there is actual evidence to contradict

Preclusion

• Claim preclusion: Prevents a party who had the opportunity to litigate a claim from relitigating a claim.
• Types: merged (won in first lawsuit), barred (lost in first lawsuit)
• Issue preclusion: Prevents parties from relitigating issues of law or fact in a subsequent lawsuit, based on the conditions. Must have been valid and final on the merits of the case. There needs to have been an actual opportunity to litigate in the prior case. The party against whom the issue is asserted must have had a full and fair opportunity to litigate the issue.

Impleader

• Allows a defendant to bring a third party into a lawsuit if that third party may be liable to the defendant for the plaintiff's claim.
  • The defendant is trying to make the third party liable.
  • The third party now has to respond to the claim.

Intervention

• Allows a third party to join a lawsuit if they have an interest that would be harmed if not joined or if a statute gives an unconditional right to intervene.

Interpleader

• Allows a party holding a fund or property to bring all potential claimants into a single lawsuit to determine the rightful owner.

Joinder

• Claim joinder: Allows a party to bring additional parties or claims related to the same transaction or occurrence.
• Counterclaim: A claim made by the defendant against the opposing party
  • Compulsory claim: arise from the same transaction or occurrence
  • Permissive claim: unrelated to the main transaction
• Cross-claim: A claim made by one party against another party on the same side of the lawsuit.
  • Can be permissive—not arising from the same transaction or occurrence
• Permissive joinder: Allows parties to join in lawsuits based on a common question of law, fact, or transaction.

Discovery Rule

• Scope: Material is discoverable if relevant to the case
• Non-privileged: communication done in private, providing legal advice
• Work product: prepared in anticipation of the litigation by the client or attorney or agent, in aid of litigation or reasonable prospect of litigation

Jury Trial

• 7th Amendment: Guarantees the right to a jury trial in civil cases
• Rule 38: States what happens in a trial process.
• Galloway: Plaintiff did not meet the burden to get a directed verdict, this does not violate constitutional rights.

Judgement as a Matter of Law

• Judge taking a case from the jury
• No way to find for the other side: rule 50
• When can a movement be made
  • As soon as the other party has opportunity to be heard
  • After making statements or end of evidence

Removing Jury

Removing jurors, rule 47.

• Removing jurors due to a specific reason and a preemptory challenge (race or sex).

Judgment

• Motion for a new trial
  • Serious errors occurred in the trial.
  • Sanders case: entitled to new trial if it prejudices litigant
• Remitter: trims jury verdict instead of a new trial

Preclusion

• Claim preclusion (res judicata): prevents relitigation of a claim that could've been raised in a prior action.

• Issue preclusion (collateral estoppel): prevents the relitigation of an issue of law or fact that was actually litigated and determined in a prior action.