Personal Jurisdiction:

Due Process:
a. Governed by the 5th and 14th amendments to provide guarantees to US citizens
b. 5th amendment binds federal government, 14th binds the states
c. Forbids courts from depriving any person of life, liberty or property without due
process of law, confers rights to D
d. Gives D rights not to be dragged into an unfair forum and the right to notice and
opportunity to be heard
e. Sets limits on how far courts can go when asserting PJ
f. Full Faith and Credit
i. Valid PJ + valid SMJ = full faith and credit
ii. All sister states must enforce the judgment of another court
Long Arm Statutes
a. A forum has to statutorily express its power to reach a D to get PJ
b. Long-arm statutes are used to assert PJ over a non-resident defendant
i. Declare under what circumstances the state was willing to assert PJ over
non-resident defendants
ii. Provide for service of process on non-resident defendants
c. Two questions to ask:
i. Is there a long arm statute and does it reach D by its own terms?
ii. Does the assertion of jurisdiction under the long arm violate due process of
D under these circumstances? Is it constitutional?
d. Three types: very broad, mid-level, and laundry list
Traditional Notions of PJ
a. Domicile- permanent residence + intent to remain or return
b. Residence- court has jurisdiction in the state of Ds residence
c. Temporary presence (Transient Presence)
i. Scalia Test- presence + service
ii. Brennan Test- minimum contacts + reasonableness
iii. Exceptions: D is brought to forum by fraud or litigation
d. Consent- D can consent to assertion of PJ over him
i. Express- D signs a contract with a FSC
ii. Implied- consent to jurisdiction is implied by a statute
iii. Waiver- contract, conduct, or statute
-Due process rights are individual and can be waived
-D can waive due process protection by engaging in conduct that
reveals no intention of claiming those rights
Specific Jurisdiction
1. Lawsuit arises out of Ds conduct in that forum
2. Minimum contacts + reasonableness = jurisdiction
a. MC- look at the quality and nature of the activities
b. Reasonableness- burden on D, Ps interest in the forum, states interest in
the forum, and interstate systems interest in obtaining an effective forum
c. Burden to prove MC is on P, burden to prove its unreasonable is on D
d. Assertion of jurisdiction must not offend traditional notions of fair play and
substantial justice
3. Purposeful Availment
a. Ds contact with the forum must result from purposeful availment
b. D directs his activities to the forum and reaches out to them
c. Its foreseeable D can be sued in that forum

4. MC Analysis for Contracts (Burger King)

-Negotiations, actual terms of the contract, course of dealing, and future
consequences
5. Stream of Commerce
a. OConnor- goods into stream + intent to serve the forum
-Factors- designing products, advertising, establishing distributing
chains, and setting up a service system in the forum
b. Brennan- goods into stream + knowledge (awareness)
-D just needs to have knowledge his goods are reaching the forum
General Jurisdiction
1. Non-resident defendant is sued where he has systematic and continuous contacts
a. Cause of action could have arose anywhere and is unrelated to Ds
contacts with the forum
b. D has sufficient contacts with the forum to warrant jurisdiction for all
matters
c. Planned out or organized contact that goes on for a sustained period of
time
2. Helicopteros factors: (SHAMMS HORS)
-Signed contracts, Have employees, Authorized to do business, Maintain
office, Maintain records, Sold products, Have shareholders, Own real estate,
Recruit employees, and Solicited business
Subject Matter Jurisdiction
1. SMJ determines if P can sue in state or federal court
2. Two forms: Diversity of citizenship or federal question
3. Diversity of Citizenship 1332
a. Purpose- find neutral ground so parties will feel comfortable in a forum
-Look at diversity on the day P files suit
b. Complete diversity- all plaintiffs must be citizens of different states than
all defendants
i. Citizen- natural person, citizen of US, and domicile
ii. Domicile of individuals: permanent residence + intent to remain
-Can change by moving to a new state and having the intent to
remain there
-Evidence: employment, state residency, paying taxes, and
registered to vote
iii. Domicile of corporations- two potential domiciles
-State of incorporation and principal place of business
-Three tests to find PPB: Nerve Center Test, Corporate
Activities/Operating Assets Test, and Total Activities Test
-Unincorporated associations- citizens of every state in which
they have members, can never be sued under solely diversity
-Alien corporation- wherever their PPB is
iv. Complete alienage- aliens on both side renders diversity incomplete
v. Foreign citizens
-Foreign citizen with permanent resident status is a resident of
the state he is domiciled
-US citizen domiciled abroad does not qualify as a citizen
vi. Ps cannot create diversity, they can only destroy it
c. Amount in controversy- must exceed $75,000
i. Sum provided by P controls as long as it was made in god faith

-Unless it is clear to a legal certainty that P cannot recover more

than $75,000
ii. To calculate it, look at the cause of action, the case law on the type
of claim, and what is recoverable as damages
iii. P can aggregate unrelated claims to meet the AIC (P v. D)
-Cant aggregate if there are multiple parties on either side
-At least one party must meet the AIC
4. Federal Question 1331
a. Ps cause of action must arise under:
-US Constitution, treaties, or laws of the US
-Must arise under a federal law or when enforcing a federal right
b. Exclusive federal jurisdiction cases MUST be brought in federal court
-Bankruptcy, patent, copyright infringement
c. State and federal courts have concurrent jurisdiction
i. All federal question cases not subject to exclusive federal jurisdiction
can be filed in state court
ii. Most federal issues can be resolved in federal court
d. Well-Pleaded Complaint Rule- federal question must arise in Ps
complaint
i. Cant anticipate that Ds defense will involve a FQ
ii. Is P enforcing a federal right? (only look at Ps claim)
Supplemental Jurisdiction 1367
1. Allows parties to add claims, which by themselves, could not satisfy SMJ to be
added to a controversy that does satisfy SMJ
2. Two types: Pendant and ancillary jurisdiction
3. Pendant Jurisdiction
a. Exists where P has both federal and nonfederal claims against a nondiverse D arising from the same event
-P appends a state claim lacking an independent basis for SMJ to a
federal claim fully supported by SMJ
b. Gibbs two-party test to determine if pendant claim is allowed:
i. Does the court have the power to do this?
-There must be a federal question claim
-Appended state claims must arise from a common nucleus of
operative fact with the FQ claim
ii. Should the court use its discretion to allow the claim?
-Looks at judicial economy, convenience and fairness to litigants
c. Court can decline supplemental jurisdiction if:
-FQ claim is dismissed early, claim raises a novel or complex issue of
state law, claim substantially predominates over the FQ claim, or there
are other compelling reasons
d. 1367(b) exception:
-Only applies in cases founded solely on diversity
-Disallows supplemental jurisdiction over claims made by plaintiffs
against parties joined under rule 14 or 20 (ONLY applies to plaintiffs)
4. Ancillary Jurisdiction
a. Exists when a defending party adds a claim lacking an independent basis
for jurisdiction by way of counterclaim, cross claim, or third-party complaint
b. Must arise from a common nucleus of operative fact as main claim
c. Ancillary- secondary/side show to the main lawsuit

5. Tolling Provision- allows for the tolling (pause) of the statute of limitations for
any claims dismissed under (c) and gives P 30 days after dismissal to re-file
Removal Jurisdiction 1441
1. Occurs when P files in state court and D wants the case removed to federal court
2. Purpose- allow D to counter Ps choice of forum
3. Elements:
a. D can only remove a case that P could have originally brought in federal
court (there is SMJ over the case)
b. Only original defendants can remove and all must agree to remove
c. Removed to the federal court that embraces the district where the state
court sits
4. FQ Cases: Out-of-state and in-state defendants can remove
-Can give supplemental jurisdiction to FQ claim with a non-SMJ claim if they
share a common nucleus of operative fact
5. Diversity Cases: Only out-of-state defendants can remove
-Cant remove if any D is a citizen of the state where the action is brought
6. Procedure:
a. File to the place of removal (federal court)
-Case is automatically removed to federal court
b. File grounds for removal and all papers (subject to Rule 11)
c. Must file 30 days after receipt of initial pleading or if grounds for removal
become apparent later, 30 days after it becomes obvious
d. Give notice to the state court and they lose control unless its remanded
7. A case can become removable later: P has amended his pleading to change the
nature of his claim or a party has been dropped who prevented diversity
Venue 1391
1. Explains the appropriate district court a case can be brought in
-There can be multiple proper venues, there is no best venue
2. 1391(a): Diversity
a. A case can be brought in any judicial district which:
i. Any one defendant resides in if all reside in the same state
ii. A substantial part of the events/omissions giving rise to the claim
occurred or a substantial part of the property that is subject to the
action is situated
iii. Any defendant is subject to PJ at the same time the action is
commenced, if there is no district in which the action may otherwise be
brought (fallback provision)
3. 1391(b): Federal Question
a. A case may be brought in any judicial district which:
i. First two are the same
iii. Any defendant can be found, if there is no district which the action
may otherwise be brought (fallback)
4. 1391(c): Corporations
a. Resides in any judicial district where it is subject to PJ at the time the
action is commenced
-Do a PJ analysis treating the district like a state
b. Use this definition for a1 and a2
5. 1391(d): Aliens
-May be sued in any district (no venue is more convenient than another)
Transfer of Venue 1404

1. Transfer occurs from one federal district to another

2. Elements:
a. For the convenience of parties and witnesses
-Difficulties of litigating in the chosen forum
-Problems with obtaining witnesses or evidence
b. In the interest of justice
-Biased or prejudiced forum
c. A district court may transfer any civil action
-Discretionary
d. To any district where it may have been brought
-Options under 1391
-Moving party gets a better location
3. Transferee venue must be proper and have PJ over D
4. 1404 applies when the transferor is a proper venue, 1406 applies when its
improper
5. Transferee court must apply the law of the transferor forum
6. Either party may move for transfer of venue (mostly done by defendants)
-Moving party bears the burden of proof and persuasion (very high)
Forum Non Conveniens
1. Forum has the power to hear a lawsuit but should decline to do so
a. Original court is proper but inconvenient
b. Implies there is a better forum to hear the case
c. Party moving for fnc bears the burden
2. Federal court must dismiss the case because transfer is impossible
a. The more convenient forum is in a different judicial system
b. US court is the wrong forum and cant transfer it to a foreign system
3. Three questions to analyze:
a. Is there an adequate alternative forum?
i. Would the proposed forum have PJ and SMJ over D?
ii. A forum is not inadequate just because it is outside the US
iii. A forum is inadequate if there are defects where there would be no
day in court or the court lacks jurisdiction
b. Is there a strong presumption in favor of Ps choice of forum?
i. More deference given to US P than a foreign P
ii. Very hard for foreign P or D to be granted fnc
c. Does the balance of private and public interests favor one forum over the
other? (Gilbert Factors)
i. Private Interests (Parties)
-Relative ease of access to sources of information
-View of the premises
-Enforcement of a judgment
ii. Public Interest (Courts and judge)
-Administrative difficulties
-Jury duty burden
-Localized interest in a localized controversy
-Choice of law analysis
4. FNC is discretionary, fact-driven analysis done by the court
Pleadings
1. Includes the complaint, answer, and reply
Rule 7: Pleadings Allowed

Rule

Rule

Rule

Rule

Rule

1. Complaint- original pleading of P that sets forth his claim/cause of action

2. Answer- sets forth Ds defenses and response
3. Cross-claims and answers
4. Third party complaint and answer
5. All motions must be in writing and signed in accordance with Rule 11
8: The Complaint
1. Must contain
a. A short plain statement of the grounds for SMJ
b. A short plain statement showing P is entitled to relief
c. Demand for relief (damages sought)
2. Level of detail required:
a. Gives D notice of what Ps claims are and the ground upon which they sit
b. No requirement to state the facts but better to over-plead all relevant facts
c. Should not be dismissed under 12(b)(6) unless proof BRD that P can prove
no sets of facts in support of his claim to grant relief
3. Heightened requirements for certain types of cases (civil rights, anti-trust,
securities regulations, complex litigation, Title VII)
4. P must plead facts supporting a plausible claim for relief (not just possible)
-Court will use their judicial experience and common sense
5. A complaint is to be construed in the light most favorable to P with all doubts
resolved in his favor and the allegations accepted as true
9: Pleading Special Matters
1. Rule 9(b): Circumstances of fraud or mistake must be plead with particularity
-Who, what, when, where, how
2. Rule 9(g): P must plead special damages
-Damages unexpected in a normal case, not necessary from stated injuries
8: The Answer
1. D can admit, deny, or plead insufficient information to each allegation
a. Failure to deny is an admission
b. General Denial- D denies everything, very risky, because most Ds will
concede to at least some facts
c. Specific Denial- admit or deny each allegation separately
d. Plead insufficient information- information is not in Ds control
2. D is required to respond (answer) to Ps complaint
a. D must respond within 21 days of service or process
b. Can respond by motion or answer
i. Motion- request for the court to order something
ii. Answer- pleading
c. If D hasnt answered, he has defaulted
8: Affirmative Defenses
1. D admits the allegations of the complaint but suggests some other right of
recovery outside Ps prima facie case Yes, but
2. Rule 18(c)(1): 19 affirmative defenses that MUST be pled in the answer
-Burden on D to assert them in his answer or they are waived
11: Sanctions for Attorney Misconduct
1. Attorneys may be penalized for violating certain rules
2. Rule 11(a): Signing Requirement:
-Every paper turned into court must be signed which shows the attorney
recognizes the claims as true
3. Rule 11(b): Contain the representations of the court

a. Improper purpose: dont harass, cause delay, or increase litigation costs

b. Legal basis: Must be a legal basis for Ps claim
c. Factual basis: Ps claim must have factual support
d. Basis for denial: Denials are warranted on the evidence
4. Rule 11(c): How are sanctions initiated:
a. By motion
-Attorney is given 21-day safe-harbor period to alter/fix/drop/change
the problem with the pleading/motion
b. By courts initiative (sua sponte)
-No safe harbor period if the court spots a problem by its own initiative
5. Rule 11(d): Type/Amount of Sanctions (meant to deter conduct)
i. Monetary- court decides with discretion on how much $
ii. Non-monetary- court gives weird penalties
Rule 12: Motions
1. Rule 12b: Motions to dismiss
a. 12(b)(1): lack of subject matter jurisdiction
b. 12(b)(2): lack of personal jurisdiction
c. 12(b)(3): improper venue
d. 12(b)(4): insufficiency of process
e. 12(b)(5): insufficiency of service of process
f. 12(b)(6): failure to state a claim upon which relief can be granted
g. 12(b)(7): failure to join a party under rule 19
2. Rule 12(e): Motion for a more definite statement
3. Rule 12(f): Motion to strike
4. Rule 12(g) & (h): Waiver
a. Rules 12(b)(2-5) are waivable and must be brought in partys first response
b. Rule 12(b)(7) can be raised any time throughout trial
c. Rule 12(b)(1) can be raised any time and is never waived
5. Rule 12(b)(6): Failure to state a claim
a. Moving party must show to a legal certainty P would not be entitled to
relief under any set of facts in support of his claim
b. Challenge the legal sufficiency of Ps claims
c. If all the facts were true, would P win? Does the law recognize a cause of
action for this?
Rule 15: Amendments to Pleadings
1. Both parties are allowed to amend before, after, and during trial
2. Rule 15(a): An amendment can be made freely and without permission before Ds
response
3. Rule 15(b): Parties can amend during or after trial with permission of the court to
conform pleadings to issues raised by unexpected evidence
4. Rule 15(c): Amendments relating back
-Amendments considered as if they had been included in the original pleading
5. Rule 15(c)(3): Allows relation back to add new defendants if:
a. The claim arises out of the same conduct of the original complaint
b. Service is made within 120 days
c. The party has notice and wont be prejudiced, and
d. Knew or should have known, that, but for a mistake, the action would have
been brought against him
Joinder
1. Promotes trial convenience and efficiency

2. Address SMJ (or SJ) and PJ for every joinder analysis!!

Res Judicata- requires that all claims arising out of a single transaction or occurrence be
brought in a single action. Forbids splitting of one cause of action into multiple lawsuits
Rule 18: Permissive Joinder of Claims
1. A party asserting a claim to relief as an original claim, counterclaim, or third party
claim may joineither as independent or alternativeas many claims as the party
has against an opposing party
2. No common transaction/occurrence requirement (dont have to be related at ALL)
3. Need SMJ over each claim- can the case get into federal court with these claims?
4. Permissive rule but res judicata will bar any claims not brought if arise out of
same t/o
5. Permissive = party MAY join these claims
-Unrestricted joinder of claims allows ALL claims the parties want to bring
Rule 20: Permissive Joinder of Parties
1. Parties (plaintiffs or defendants) may be joined if:
a. They assert any right jointly, severally, or in the alternative
b. Their claims arise out of the same t/o or series of t/o, and
c. They share a common question or law of fact
Rule 13: Counterclaims
1. Rule 13(a): Compulsory Counterclaim
a. A party must bring a claim that:
i. Arises out of the same t/o or series of t/o that is the subject matter of
Ps claim, and
ii. Does not require adding another party over whom the court cannot
acquire jurisdiction
b. Four tests to determine t/o:
i. Is there a logical relationship between claim and counterclaim?
ii. Does the claim raise largely the same issues of law and fact?
iii. Would res judicata bar a subsequent suit on the counterclaim?
iv. Will the same evidence be used to support/refute the counterclaim?
2. Rule 13(b): Permissive Counterclaims
a. Claims that MAY be brought and do not arise from same t/o as Ps claim
-Must assess SMJ, but no SJ given because no cnoof
3. Need SMJ (or SJ) for all of these claims!!
Rule 13: Cross Claims
1. Rule 13(g): Claims brought between co-parties
a. Permissive rule, but (NEVER compulsory)
i. Claims must arise out of the same t/o or series as underlying case
ii. Automatically given supplemental jurisdiction
b. Use these to argue co-party is responsible for all or part of the claim
2. Rule 13(h): Joining additional parties
a. Can bring additional parties on a cross claim or counterclaim if they meet
rule 20. (Defending party adds nonparty on cross or counterclaim)
Rule 14: Third Party Practice (Impleader)
1. A defending party may as a third party plaintiff (TPP) bring in a non party (via
service of process and complaint) who is or may be liable for all or part of the
plaintiffs claim against the third party
2. Based on the notion of contingent liability: indemnity or contribution

3. Tests to allow impleader is whether: 1) the movant deliberately delayed filing the
motion, 2) it would delay or complicate the trial, 3) it would prejudice the TPD, or 4)
if the third party complaint states a claim upon which relief can be granted
4. Need PJ over the impleaded party and SMJ for the claim (or SJ)
5. Must file the third-party complaint within 14 days of the answer or obtain leave of
the court upon notice to all parties
6. TPD must respond to TPPs claim and can:
a. Respond under Rule 12 or raise counterclaims or cross claims
b. Bring a 12(b) for lack of PJ or improper service (NOT venue)
c. Raise any defenses the TPP has against Ps claims
d. May assert any claim against P arising out of the same t/o that is the
subject matter of Ps claim against the TPP
e. Assert a claim against a nonparty who is or may be liable to the TPD for all
or part of the claim against him
7. P may assert any claim against TPD arising out of the same t/o as the subject
matter of Ps claim against the TPP (no name claim)
a. Must have SMJ. If no SMJ, no SJ because it is disallowed by 1367(b)
Interpleader
-See chart
Rule 56: Summary Judgment
1. Should be awarded if the pleadings, discovery, and disclosure materials on fie,
and any affidavits show there is no genuine issue of material fact and the moving
party is entitled to judgment as a matter of law
2. Court looks at evidence from: pleadings, depositions, answers to interrogatories,
admissions, and affidavits
3. Either party may file for SJ, but burden of persuasion is very high
4. SJ answers question: Do we need to go to trial
-If P has stated a claim, but evidence shows there is no dispute of fact, we do
not need to go to trial
5. Analysis:
a. Does a factual dispute exist?
b. Is the factual issue material? (one that will change the outcome)
c. Is the factual issue genuine?
6. Proof of summary judgment can be direct or indirect evidence
7. SJ is appropriate if Ps case has no legal basis, all materials sing the same song,
documents and witnesses are consistent, no reasonable jury could disagree, and
there is a defense
8. Ps claim is factually insufficient
-There is a legal claim, but evidence does not support it or evidence clearly
supports it and case doesnt need to proceed because judge can decide