Civil Procedure

(Personal Jurisdiction)In what states can the plaintiff sue the defendants? not worried about what court the court must have power over something the power over defendant herself the power over the defendants property

Three types of power

In personum (preferred) power over the defendant in rem power over the defendants property not defendant herself quasi in rem power over the defendants property not defendant herself Due Process clauses sets outer bounder of court ability to have power Like a big circle case must fall with the circle if it falls in the circle everything is fine does not mean the court has personal jurisdiction the court must have a statute to have power long arm statute outside of circle; void First and foremost there must have a statute allows Second must be constitutional and fall with the due process clause

I.

Personal Jurisdiction (territorial jurisdiction)

A. In personum- power over the defendant herself General Jurisdiction- sued in forum over any claim in the world Specific Jurisdiction- claim has a connection in the forum
1. Constitutional Analysis (the due process circle) a) pennoryer vs. Neff
(1) state has power over people and property inside the state property (2) Traditional basis
(a) Defendant was served with process in the state i) presence

(b) (c) (d)

defenants agent was in forum the defendant is domiciled in the forum Defendant consents to jurisdiction

b) Hess v. polaski (expands traditional basis)

(1) non resident motorist statute/ if you come into state in motor vehical you get in an accident, you appoint a state agent to get jurisdiction/ was service of process to agent even if the agent was appointed (2) stays consistant with pennoyer (3) (implied consent)

c) International Shoe
(1) Court gives a new doctrinal formula (2) if the defendant has such MINIMUM CONTACTS in the forum that excersie of jurisdiction does not offend traditional notions of fair play and substantial justice
(a) very flexible i) (b) gets rid of rigid formula

you can get in personum jurisdiction even if the defendant is not in the forum i) because of Minimum Contacts

(c)

no where does shoe say it over rules pennoyer i) test if the defendant is not in the forum

(d)

it seems that it has two parts i) ii) minimum contacts fairness

d) Mcgee v. international life

(1) one contact with the state of california (2) court says it has jurisdiction even with one contact
(a) (b) defendant solicted contract from Cali the plaintiff claim in arose from the defendants contact in Cali i) (c) RELATEDNESS

it represents the states interest

e) Hanson v. Denkla
(1) no jurisdiction

(2)

the bank had no relevent with florida (a) no purposeful availment i) ii) defendant must reach out in some way it was miss. donner who did the reaching

f) worldwide volkswagan
Unilateral act is not enough

(1) no jurisdiction (2) did OKL. have jurisdiction over worldwide volkswagan (Regional distributer)
(a) no purposeful availment

(3) did they have jurisdiction over the seaway motors (retailer)
(a) no purposeful availment

(4) Foresability
(a) is relevent BUT its not a question of whether the car can get there but can the defendants foresee being sued in OKL./ it is actually that the defendants conduct and connection with the forum state are such that he should reasonably anticipate being haled into court

g) Calder v. Jones
(1) can have a contact in forum even without being in forum (2) if what you do causes an effect you can have a minimum contacts
Limited to intentional torts 1) Behavior is purposeful 2) You should anticipate being hailed into court

h) Burger King
(1) International Shoe has two parts
(a) contacts i) (b) must have a relavent contact before fairness can be considered

fairness i) the def. aguee that its not fair; court says that the burden is on the defendant to show that forum is unconstitutional unfair (1) grave disadvantage of litigation in florida (a) relative wealth does not matter

i) Ashii
(1) Stream of commerce
(a) i make valves in state A; i ship them to a manufacture in state B; B puts valves in widgets and sells them in C,D,E i) is there a relevent contact between me and CDE? (1) (2) no majority opinion Brennen (a) (3) its a contact if i put i my product in the stream and reasonably anticipate that it will get to CDE

OConner (a) you need Brennen plus the intent or purpose to serve CDE

(b)

need to know both

j) Burnham
(1) NJ resident served in Cali for something that did not happen in Cali
(a) if anything it must be general J

(2) scalia
(a) (b) service in state equal General Jurisdiction- historical Subject Gen J

(3) Brennen
(a) historical predegree is not important you must use International Shoe i) ii) everything is under International Shoe subject to Gen J

k) Test for General Jurisdiction

(1) there is Gen. Juris. if the defendants ties are continuous and systematic

l) Contstitutional test
(1) Is there a traditional basis?
(a) (b) might be enough even if so you need minimum contacts for some justices

(2) (International Shoe test) Must be a relevant contact between the defendant and forum
(a) what is a relevant contact

i) ii)

purposeful availment (reach out to the forum) foreseeability (1) foreseeable that the defendant would be sued in the forum

(3) fairness
i) relatedness (1) (2) (b) does the plaintiffs claim arise from the defendants contact with the forum can make up some contact----- Mcgee

inconvience i) burden is on Def to show forum is unconstitonial

(c)

states interest i) provide a forum for states citizens (mcgee)

(d) (e) (f)

plaintiffs interest Interstate interest in shared substantive policy legal system interest in efficeincy

Every state has a statute that covers the Traditional basis

Every state has some statute with implied consent (specific jurisdiction) Every state has a long arm statute California Long Arm Full extent of Due Process Landury list Long arm Gray v. American Radiator If i screw up in State A i am not negligent in State B Some say that i am under the statute and because i caused harm in State B i was negligent in State B have to argue both ways

Does a statute cover this Are there traditional basis

if no then you go for the long arm statute then constiutional analysis does it fit in the due process circle Apply International Shoe relevent contact (got to argue) purposeful availment (spectrum) Foreseeability (argue both ways) Relatedness Inconvience for Defendants and witnesses States Interest Plaintiffs Interest Legal System interstate substattive polciy

In rem and Quasi in rem Jurisdiction is over the property any type of proptey in the forum In rem dispute is over who owns the property

Quasi in rem dispute is not over the ownership (we know the defendants own it) has to be seized at the out set

Today 2 step process Statute- Attachment statute not long arm every state has one; state can take it and hold it Constitutional test (old) Seize or attach the property before the litigation

Shafffer vs. Highter for the const. for in rem/ quasi in rem you must also do the international shoe test against the defendant analyis is the minimum contact test ; seizing is not enough

II- Notice Due process requires defendant must be given notice and that they have a chance to be heard A) service of process Federal Rule 4 1) process consists of the summons(a/b) and the copy of the complaint 2) service can be made by any non party that is at least the age of 18 (c-2) 3) how do we serve and individual start with 4 e 2 1)personal service any where in the state 2)substituted service Ok if; it is at the defendants usual abode or dwelling house and; serve someone of suitable age and discretion that resides there 3)serve the defendants agent appoint my contract appointed by operation of law (non resident motorist statute) 4e1 you can use any method of service allowed by state law state where the service was given and where the case were federal court sits 4)service of process of a corporation 4H has to served to an officer of the corportation someone with sufficient responsibilty that we expect this person to transmit important papers 4e1 allows you to use state law methods

5) wavier of service of process by mail 4d waiver of service of process by mail 1st class mail and a waiver form defendant can waive 6) geographic limits on service of process 4 k (1)(a) can serve process through out the state a federal court can only serve out side the state if a State court could exceptions 4k1 b and 4k 1 c/d bulge rule B) consitutional standard for notice Maliane v. Central Hanover Bank notice must be reseonable calculated under all the circumstance to apprise the defendant of the suit Notice by publication (problematic) constructive notice almost always done in the back of the newspaper almost always invalid

Some cases were publication is ok not readilly available persons involved (trust) last resort

C) opprotunity to be heard pre judgement seizer commercial transaction (installment contract) Today we; have factors that protect the defendant 1) plaintiff must give an affidavit of the claim

2) plaintiff must so specific facts that she is entitled to possession 3) have to get a court order to take property 4) plaintiff may be required to post a bond 5) the defendant gets a hearing on the merits at some point (defendant must be heard)

III) subject matter Jurisdiction what court do we go to in the state are we going to state court there or federal court there power the claims Federal Court have limited SMJ Article 3 of the constitution State Courts have general SMJ any cognizable claim

Some federal question cases must go to federal court anit trust patent infringement A) Diversity of Citizenship not diversty of residence not diversty of domicile Section 1332 a 1 two requirements between citizens of different states and the amount in controversy must exceed 75,000 dollars A1) Citizens of differnet states 1) complete diversity rule 1) no diversity if any plaintiff is the citizen of the same state as any defendant strawbridge v. curtis 2) what is a citizenship of a human a US citizen is a citizen of the state in which the citizen is domicilled

Domicile- two concurrent factors 1) presence in state 2) the intent to make that your perminant home 3) only have one domicile at one time

3) citizenship of a corporation (1332 c 1) no domicile citizenship is based on statute of all states were incorporated (generally only one) the one state were is has its principle place of business Nerve Center- where the decisions are made (the head quarters) the mucsle center - place of activity where corporation does more of what it does then any place else Total activityes look at both nerve center and muscle center Use nerve center unless all activities are in one state Corporation only has one principle place of business

Amount in Controversy must exceed 75,000 dollars not counting interest or cost plaintiffs claim governes unless its legal certain not to be true aggregation aggregation mean; it where we must add two or more claims to get over 75,000 then that is aggregation we aggregate claims if its one v. one no aggregation if there are mulitple parties on either side For joint claims use the total value of the claim and we dont care how many parties there are look for the word Joint.