FEDERAL JURISDICTION

I. Personal Jurisdiction (July !"# Essay Priority $ %ED&

A. Purely a question of geography can P sue in NY?
B. Fed court must have personal jurisdiction over D, just as a state court must. For personal jux, P must sho!
1. Contacts " D must have minimum contacts ith the forum to ma#e the exercise of jux over D fair and
reasona$le. %o determine minimum contacts, court ill loo# at to factors!
a. Purposeful availment " Did D&s contact ith the forum must result from D&s purposeful availment ith
that forum? 'e.g. accidental contact ith the forum $y D is insufficient(.
b. Foreseeability " Did D #no or reasona$ly anticipate that his activities in the forum ould render it
foreseea$le that D may $e $rought to court there?
2. Fairness " exercise of jux over D cannot offend traditional notions of fair play and su$stantial justice.
N)%*! an inconvenient forum is not a $asis for lac# of fairness unless forum is so gravely difficult and
inconvenient that D is put at a severe disadvantage in comparison to P.
C. Fed court uses state law, including the NY long+arm statute, , the exercise of jurisdiction must satisfy the
-onstitution as ell
D. Fed court has only slightly more poer to exercise personal jurisdiction than the state court, '*.-*P% for 'i( the
bulge rule, , 'ii( statutory interpleader " see $elo(
II. Federal Court Su'(ect %atter Jurisdiction (July !"# Essay Priority $ %ED&
A. )asic Idea
Fed courts can entertain only certain types of suits " the / main types of fed court cases!
a. Diversity 'including alienage(0 )1
b. Fed question
B. Di*ersity o+ Citi,ens-i.
2mount in controversy must exceed 75K, 2ND the action must $e $eteen 'i( citizens of different state, )1
'ii( a citizen of a state a citizen or subject of a foreign country '3alien4(
1. Di*ersity
a. Complete diversity rule " there is no diversity of citi5enship if any P is a citizen of t!e same state as
any D 'though, there can $e co+Ps or co+Ds from the same state(
(i) %est for diversity when the case is filed " su$sequent change in a party6s citi5enship is irrelevant
(ii) *.g.! . 'NY( ants to sue Y 'NY( in fed court, so he moves to -onnecticut , sues under diversity
jurisdiction " diversity depends on hen .6s intent to domicile in -onnecticut is fixed.
b. ndividuals " citi5en if domiciled in a state, hich is esta$lished $y / concurrent factors!
(i) Presence in state at some point 78%9
(ii) "ntent 'su$jective( to ma#e it a permanent or fixed home
N)%*! 2n alien admitted to the :; for permanent residence is treated as a citi5en of the state in
hich he is domiciled
2n 2merican domiciled in France is not a citizen of a #$%$ state '$ecause not domiciled(
c. Corporations / citi5enship equals! 'i( all states here incorporated, 2ND 'ii( the one state here the
company has its principal place of business 'PP<( 'corporation, unli#e a natural person, can $e a
citi5en of more than one state at a time(
(i) PP< is determined in / ays " 'i( nerve center 'headquarters " here decisions are made( , 'ii(
muscle center 'major production or service activity(
(ii) =enerally, courts consider nerve center as the PP<
d. #nincorporated associations " loo# to the citi5enship of all mem$ers 'for partnerships, that includes
general limited partners0 so a partnership can $e a citi5en of all >? states(
N)%*! &&' treated as unincorporated assn so &&' is citizen of all states its members are citizens
e. Decedents( minors( incompetents " loo# to t!eir citi5enship, N)% the citi5enship of their
representative
2. A0ount in contro*ersy
a. )ood fait! allegation that the claim in the complaint exceeds @>A " unless it is *clear to a legal
certainty+ that P cannot recover more than @>A 'exclude such as punitive damages(
N)%*! if P ultimately recovers less than @>A, jurisdiction is )A, $ut he may be liable for costs
Federal !urisdiction "
b. ,ggregation " ).A. here P must add / or more claims to meet the amount in controversy requirement0
as long as there6s B P , BD, P can com$ine the claims, even if they6re totally unrelated
c. -aluing injunctions " there is a split of authority 'argue in $oth ays(
(i) majority view 'P6s viepoint( " does the encroachment hurt P $y more than @>A?
(ii) minority view 'D6s viepoint( " ould it cost D more than @>A to comply Cthe injunction?
". E1clusions / even if diversity of citi5enship is met, fed courts ill N)% hear cases involving!
8ssuance of a divorce0 alimony or child custody decrees0 pro$ate a decedent6s estate
*.-*P%! Fed courts !ave jux to entertain suits in favor of claimants against a decedent.s estate to
establis! t!eir claims( so long as t!e fed court does not interfere wit! t!e probate proceedings
#. -ollusion / no su$ject matter jurisdiction hen diversity 3has $een improperly or collusively made or
joined to invo#e jurisdiction4 'atch for an assignment to create diversity(
C. Federal 2uestions Cases
1. -omplaint must sho a su$stantial federal right or interest 'e.g., fed constitution, legislation( " citizens!ip
is irrelevant, , there6s N) amount in controversy requirement $ecause P is alleging a fed right
2. ;ome FCD cases have exclusive fed jurisdiction 'e.g. patent infringement, fed securities laws, etc.(
". 7ell+pleaded complaint rule " as3 4-et-er P is en+orcin5 a +ed ri5-t
D. Su..le0ental Jurisdiction6 Pro.er Joinder
1. For every single claim joined in fed court, must !ave its own basis of su$ject matter jurisdiction
a. 2lays as# hether a claim is supported $y diversity/alienage )1 F/0 jurisdiction "
b. 8f not, try supplemental jurisdiction
2. 2llos fed court to entertain claims over hich it ould have no independent $asis " must have at least
)N* claim that satisfies diversityCalienage or FCD, so the case is in fed court!
a. -laims must arise from a common nucleus of operative fact 'i.e. the same transaction/occurrence(
b. 'ourt1s discretion " even if the supplemental jurisdiction requirements are satisfied, the court has
discretion N)% to hear the supplemental claim if!
(i) FCD is dismissed early in the proceedings 'usually $efore trial(0 )1
(ii) ;tate la claim is complex or state la issues ould predominate
". %ypes '/(
a. 7Pendent8 " claims joined $y $laintiff )NEY in a FCD case 'do not care if a different party is involved(
b. 7Ancillary8 / claims joined $y Anyone B%& $laintiff in any #ind of case 'diversity or FCD(
'. Re0o*al
1. 2llos Ds )NEY to have case, first filed in state court, to *remove+ 'i.e., transferred( to t!e fed court
em$racing the state ct in hich originally filed 'e.g., a case from the ;upreme -t of NY in Fanhattan goes
to ;DNY(
2. (eneral test " case is remova$le if there6s fed su$ject matter jurisdiction
a. 8f multiple Ds, all Ds must agree to remove
b. P cannot remove *G*N 8F D counterclaims against P 'ma#ing P the D on the counterclaim(
". )pecial rule for diversity cases ONL9 'not FCD cases( " N) removal if any D is citizen of t!e forum here
P $rings the case
N)%*! no removal more than B year after case has $een filed in state court
#. 2iming " must remove ithin 34 days of service of process of the first remova$le pleading, )1 D can file
notice of removal ithin 34 days of service of an amended pleading, motion, order, or other court paper that
shos that a nonremova$le case is in fact remova$le
*. Procedure " D must file notice of removal 'it6s not a motion( in fed court, setting forth grounds of removal0
sign it under 1ule BB0 attach all documents served on D in the state action0 copy to all adverse parties
a. "f removal is improper " P must move to remand to state court0 ithin H? days if $ased on a defect other
than su$ject matter jurisdiction 'FCD never aived(.
b. -ourt must remand anytime it finds t!ere is no fed jurisdiction
+. 5aiving t!e rig!t to remove!
a. D ho files a permissive counterclaim in state court pro$a$ly waives t!e rig!t to remove
b. D ho files a compulsory counterclaim in state court pro$a$ly does N)% aive the right to remove
F. T-e Erie Doctrine 'concerns choice of la $eteen fed , state la " only arises in diversity cases(
1. 6lac7 letter law " in diversity cases, fed courts must apply 'i( state substantive law 'ii( fed procedural law
2. / step analysis 'determining hether su$stantive or procedural(!
a. "s t!ere some fed law 'e.g., F1-P or F1*( on point t!at directly conflicts wit! state law8 " if so, apply
the fed la, so long as it is valid '$ecause of ;upremacy -lause(
Federal !urisdiction
b. "f 9: fed law is on point( 3 approac!es!
(i) :utcome determinative " apply state la if applying or ignoring the state rule effecting the
outcome of the case
(ii) 6alance of interests " consider hether either the fed or state system have a strong interest in
having its rule applied 'e.g., if there6s a strong fed interest in having a jury decide questions of fact,
contrary state la on6t $e folloed unless there6s a stronger state interest(
(iii) ,void forum s!opping " apply state la if not folloing state la on this point, ill cause forum
shopping
". Folloing are considered su$stantive for ;rie purposes ', therefore state la governs in diversity cases(!
(i) %tatutes of limitation0 'ii( tolling of statutes of limitations0 'iii( c!oice of law rules
#. <eview of tort damages awards " is it su$stantive or procedural?
a. 9= tort reform law provides that an app ct can order a ne trial if a jury aard of damages *deviates
materially+ from hat ould $e reasona$le compensation
b. Fed court standard for a ne trial is tougher, , requires a jury finding that *s!oc7s t!e conscience+ "
also, the fed dist court, N)% the fed appellate court, ould order a ne trial
c. 7hich la applies?
(i) %he standard for granting a ne trial is considered substantive, so NY la governs
(ii) 7hich court 'trial or app( ill address the motion is considered procedural, so the fed court doesn6t
have to follo state la
III. Federal Court :enue (July !"# Essay Priority $ LO;&
A. )asic Idea
1. ;u$ject Fatter Iurisdiction tells us 8F e can go to fed court
2. Genue tells us 798-9 fed court 'e.g., NDNY, ;DNY( " t!is applies to cases filed originally in federal
court
B. T-e Rules
1. 8n any case 'FCD or diversity( " P may lay venue in any district w!ere!
a. ,ll Ds reside '<:%, if Ds reside in different districts in the same state, venue is proper in the district
here any one of t!e Ds resides(0 )1
b. , substantial part of t!e claim arose
2. 8f no district anyhere in the :; meets either of these choices 'i.e., there6s no district here all Ds reside, ,
the claim arose overseas(, then!
a. 8n diversity cases, any district here any D is su$ject to personal jurisdiction
b. 8n F/0 " any district here any D is found
". ;pecial 1ule " if Ds reside in different districts of the same state, venue is proper in the district here any
one of the Ds resides
C. Deter0inin5 Residence
1. "ndividuals " residence J domicile 'same as an individual6s citi5enship for diversity jurisdiction purposes(
2. 'orporations " 3resides4 in all districts here the corporation is su$ject to personal jurisdiction at the time
the case commenced
a. N)%*! don6t confuse the corporation6s citi5enship for diversity jurisdiction purposes " corporation is a
citi5en of incorporation , PP<, <:%, is a resident of every district here su$ject to personal
jurisdiction
D. Local Acts
2ctions regarding 'i( onership, 'ii( possession or 'iii( injury to land, must $e filed in district here land
lies
'. Trans+er o+ :enue
1. Genue can $e only transferred to a venue here the case could6ve $een filed 'i.e., one that is a proper venue,
, here there is personal jurisdiction over the D, ithout aiver $y the D(
a. "f t!e original forum is proper " court may transfer to another fed district, $ut ill consider folloing
factors! 'i( convenience of parties0 'ii( convenience of itness0 'iii( *interests in justice+
N)%*! the court to hich a case is transferred applies the choice of la rules of the original court,
even if P initiated the transfer
b. "f t!e original forum is improper " court may 'i( transfer in the interest of justice, or 'ii( dismiss
'generally ithout prejudice(.
Federal !urisdiction <
I:. Ser*ice o+ Process (July !"# Essay Priority $ LO;&
A. )asic Idea
1. *Process+ " deliver to D a summons 'formal court notice of a suit , time for response( , a copy of
complaint
2. Fust serve process ithin B/? days of filing or else case ill $e dismissed ithout prejudice 'if P shos
good cause for failing to serve ithin B/? days, the case on6t $e dismissed(
B. %ec-anics
1. Process may $e served $y any nonparty ho is at least BK years old
2. Fed district court may use any met!od of service permitted $y 'i( the F1-P, 'ii( the la of the state in hich
it sits, or 'iii( the la of the state in hich service is effected
a. Personal service " papers are given to D personally 'can $e done anyhere in the forum state(
b. %ubstituted service " process is left ith D6s $utler at D6s summer home0 this is o#ay if!
(i) "t1s D1s usual abode
(ii) P serves someone of *suitable age 'no particular age( , discretion+ w!o resides t!ere
c. 5aiver by mail " process is mailed to D $y first class mail, postage prepaid0 this is )A if D returns
aiver form ithin H? days
(i) <y returning aiver form, D aives service $ut nothing else 'e.g. lac# of personal jurisdiction
defense(
(ii) 8f D does not return the aiver form " P must serve either personally or $y su$stituted service, , D
ill have to pay the cost of such service
d. Process can be delivered to D1s agent aut!orized to receive service 'e.g. serving a corporation((
N)%*! all NY corporations designate the NY ;ecretary of ;tate as agent for service of process
e. Process delivered to D in anot!er state " )A only if state la allos 'e.g., ith the long+arm statute(0
so, a fed court in NY $asically can exercise personal jurisdiction over an out+of+state D only if NY state
courts could
:. Joinder o+ Parties and Clai0s (July !"# Essay Priority $ LO;&
A. Parties
1. Pro.er D=s > P=s 4-o may 'e (oined
-laims must " 'i( arise out of the same transactionCoccurrence , 'ii( raise at least B common question
2. 7Necessary8 > Indis.ensa'le D=s > P=s
a. ;ome absentee>s? " F:;% $e joined $ecause of some indispensa$le relationship ith the action
b. H tests for ho is necessary " if a$sentee falls into any of these categories, the court can order joinder!
(i) 5it!out absentee( cannot accord complete relief among t!ose already joined 'orried a$out
multiple lasuits(
(ii) ,bsentee1s interests will be !armed if !e isn1t joined 'practical harm(
(iii) ,bsentee claims an interest w!ic! subjects a party 'usually D( to t!e possibility of multiple
obligations
N)%*! joint tortfeasors are N)% necessary parties
c. 8f joining a necessary D isn6t 3feasi$le,4 $ecause either 'i( there6s no personal jurisdiction over him, 'ii(
D6s joinder destroys diversity jurisdiction, or 'iii( D has a valid o$jection to venue,
(i) -ourt must either " 'a( proceed ith the case ithout joining D, or '$( dismiss the pending case '8F
the court considers D indispensable(
(ii) -ourt6s determination on hether to proceed or dismiss " $alances the folloing!
'a( "s t!ere an alternative forum availa$le here every$ody 'including the a$sentee( can $e joined
'may$e state court(?
'$( 5!at is t!e real li7eli!ood of !arm to any$ody if e proceed ithout the a$sentee?
'c( 'an t!e court do somet!ing to s!ape t!e order in the pending case to avoid any such harm?
B. Clai0s 'y t-e De+endant
%8P! 8f it starts ith the letter 3-4, e6re suing an existing party 'counterclaim( cross@claim, etc.(, <:%
8f it starts Cthe letter 384, e6re $ringing in a ne party 'interpleader( impleader, etc.(
1. Counterclai0
a. 2n offensive claim against an opposing party 'e.g., D ma#es a claim against P( " filed ith the
responsive pleading " / types of counterclaims!
Federal !urisdiction #
(i) Compulsory '3use it or lose it4( " arises from same transaction/occurrence as P6s claim 'if D
doesn6t file it with the answer in the pending case, it6s aived, , D -2NN)% sue in a separate
case(
N)%*! 8f D6s motion to dismiss as granted $efore D filed an anser, then D can file his case
against P 'counterclaim as not aived $ecause D never ansered(
(ii) $ermissive " does N)% arise from the same transactionCoccurrence as P6s claim, , therefore need
not $e asserted in the pending case 'D may assert t!is in t!e pending case( :< in a separate case(
b. Fed subject matter jurisdiction " counterclaim must $e supported $y either 'i( FCD jurisdiction or 'ii(
diversity jurisdiction <:% -)N;8D*1
(i) "f t!ere1s no fed subject matter >F/0? jurisdiction, the claim can $e supported $y supplemental
jurisdiction 'ancillary( )NEY 8F it6s compulsory 'N)% permissive(! <*-2:;*
(ii) -ompulsory counterclaims meet the test for ancillary jurisdiction 'i.e., 'a( a counterclaim $y
anyone $ut the P, , '$( arises from the same transactionCoccurrence as the underlying cause(
2. Cross?clai0
a. )ffensive claim against co+party " may file if arises from same transactionCoccurrence '9ot
compulsory(
b. *xample! P 'N-( sues DB ';-( , D/ ';-( for personal injuries of H??A arising from a car collision
CDB " DB as driving D/6s car " D/ car is destroyed, , ants to recover for property damage of K?A
(i) First, D/ must file 'or lose( a compulsory counterclaim against P " it6s compulsory $ecause it6s
against an opposing party , arises from the same transactionCoccurrence as P6s claim against D/
%here is su$ject+matter jurisdiction, $ecause there6s diversity
(ii) %hen, D/ may file a cross+claim against DB " it6s a cross+claim $ecause it6s against a co+party, , it
arises from the same transactionCoccurrence as the underlying case
9oever, e6ll have to go to supplementary jurisdiction 'no FCD or diversity(, , there ill $e
a supplementary jurisdiction '$ecause 'i( it6s a claim $y any$ody $ut P, , 'ii( it6s the same
transactionCoccurrence " $y definition, a cross+claim is the same transactionCoccurrence(
". I0.leader " claim for indemnity or contribution a,ainst a &hird party D (&$D)
a. -laims involving a %PD $rought in 'usually $y the D( in a vicarious liability situation
b. -laim against %PD must $e derivative, meaning for 'i( indemnity )1 'ii( contribution 'e.g., %PD is a
joint tortfeasor(
c. D has the right to implead no later than B? days after serving his anser " after that, he needs to get
court permission to implead
d. Procedure " in order to implead a %PD, D must
(i) File a t!ird@party complaint naming the party 'e.g., the insurance company( as a %PD
(ii) %erve process on t!e 2PD, $ecause he6s not $een joined in the cause $efore
e. 2fter %PD is joined!
(i) P can assert a claim against %PD " Y*;, if it arises from same transactionCoccurrence
(ii) %PD can assert a claim against P " Y*;, if it arises from same transactionCoccurrence
f. %hus there can $e H claims " for each claim, chec# to see if it invo#es FCD or diversity jurisdiction0
otherise, see if supplemental jurisdiction is availa$le
,. 6ulge rule " a$sentees ho are joined as 'i( necessary parties, or 'ii( under impleader may $e served
ith process out of state, regardless of state la, ithin B?? miles of the courthouse in hich the case is
pending 'not availa$le for serving process on original Ds(
C. S.ecial %ulti.arty Joinder Situations
1. Inter*ention
a. ,bsentee wants to join a pending suit " chooses hether to intervene as a P or as a D0 court can realign
the a$sentee if he came in on the 3rong4 side0 application to intervene must $e *timely(+ though no
specific day limitation
(i) "ntervention of rig!t " a$sentee6s interest may $e harmed if he isn6t joined, , his interest isn6t
currently $eing adequately represented
(ii) Permissive intervention " a$sentee6s claim or defense has at least B common question ith the
pending case 'alloing intervention is discretionary ith the court(
b. Aurisdiction issue " supplemental jurisdiction generally N)% availa$le for either permissive
intervention or intervention of rig!t
2. Inter.leader
Federal !urisdiction @
a. )ne holding disputed money or property ants to force all potential claimants into a single lasuit to
avoid multiple lawsuits , the t!reat of inconsistent results
(i) %ta7e!older " the party holding the property
(ii) 'laimants " the parties ho ant the property
b. / types of interpleader " different standards for 'i( jurisdiction, 'ii( venue, 'iii( service of process
*<ule+ interpleader
>treated li7e a regular diversity case?B
*%tatutory+ interpleaderB
Diversity of citizens!ip
;ta#eholder must be diverse from
every claimant
B claimant must $e diverse from B
other claimant
'sta#eholder6s citi5enship irrelevant(
,mount in controversy @>A or more L>?? or more
%ervice of process 1egular service rules, as any case Nationide service of process
-enue 1egular venue rules, as any case District here any claimant resides
". Class Action " representative sues on $ehalf of a group
a. "nitial requirements C P must sho!
(i) -umerosity " too many claims for practica$le joinder of all
(ii) Commonality " some questions of la or fact in common to the class
(iii) &ypicality " Named representatives6 claimsCdefenses are typical of those of the class
(iv) Ade.uate representation "Named representatives, , his layer, ill fairly , adequately represent
the class
(v) n -ew /or01 the named representative meets A-/ re.uirements of state law 2" (b)1 includin,
refusal to ade.uately represent the potential class (e.,.1 civil ri,hts actions).
b. 9ext step " case must fit ithin B of H types of class actions
(i) %YP* B " *Prejudice+! class treatment is necessary to avoid harm either to class mem$ers or to
the party opposing the class 'e.g., numerous claimants to a fund, , individual suits ould deplete
the fund, leaving some ithout a remedy(
(ii) %YP* / " "njunction or declaratory judgment 'not damages(! sought $ecause the class mem$ers
ere treated ali#e $y the other party 'e.g., employment discrimination(
(iii) %YP* H " Damages! 'i( common questions predominate, , 'ii( class action is the superior met!od
for resolving the dispute 'e.g. mass torts(
c. -otifyin, the class " in %YP* H )NEY, class representative pays to give individual notice to all
mem$ers reasona$ly identifia$le, telling! 'i( they can opt out, 'ii( they ill $e $ound if they do not opt
out, , 'iii( they can enter a separate appearance through counsel 'No notice is required for %YP* B or
/(
d. 5!o1s bound by a class judgment " all class mem$ers, except those ho opt out of a %YP* H class
action 'there6s no right to opt out of %YP* B or /(
e. %ettlement or dismissal " must $e approved $y the court, hich ill then notify class mem$ers
f. %ubject matter jurisdiction!
(i) -lass might invo#e FCD jurisdiction $y asserting a claim arising under fed la 'e.g., fed civil
rights(
(ii) 8f the class see#s to invo#e diversity jurisdiction,
'a( &oo7 to t!e citizens!ip of t!e representative only, N)% all the class mem$ers
'$( ,mount in controversy C there6s a split of authority, , the /
nd
-ir hasn6t ruled yet
+ %tandard answer " each mem$er must claim @>A or more
+ Dodern trend " representative6s claim must exceed @>A
,. Class Action Fairness Act + su$ject matter jurisdiction for a class action is esta$lished if!
(i) 2ny class mem$er 'not just the representative( is of diverse citi5enship from any D0
(ii) %he amount in controversy in the aggregate 'sum of all claims( exceeds L> million0 2ND
(iii) %here are at least B?? mem$ers in the proposed class'es(.
*.-*P%8)N;!
2. Does not apply to class actions against ;tates or governmental entities, )1
<. 2 district court must decline jurisdiction if!
B. more than /CH of the mem$ers of the proposed class are citi5ens of the ;tate in hich
the action as filed >9:2;B Fed court !as discretion to decline if more t!an E/3 but
less t!an F/3 of members are citizens of %tate w!ere action was filed?0
/. a defendant from hom Msignificant reliefM is sought is a citi5en of that state0 2ND
Federal !urisdiction A
H. the principal injuries ere incurred in the ;tate in hich the action as filed.
#. %ulti.artyB %ulti+oru0 Trial Jurisdiction Act " fed court has jux over civil actions that arise from a
single accident here at least @> natural persons have died in the accident at a discrete location!
a. at least one P must $e of diverse citi5enship from at least one D, 2ND!
(i) a D resides in a different state from here a su$stantial part of the accident too# place0 )1
(ii) any / D&s reside in different states0 )1
(iii) su$stantial parts of the accident too# place in different states.
:I. Pleadin5sB Disco*ery (July !"# Essay Priority $ LO;&
A. De+ensi*e Res.onses / B of / ays! 'i( motion, or 'ii( anser 'no later than 22 days after service of process(
1. ,nswer " a pleading, in hich D does / things!
a. <esponds to allegations of the complaint 'e.g. admitting, denying, etc(, ,
b. 1aises affirmative defenses
2. Dotions " not technically pleadings, as# the court to order something, such as 'i( require P to ma#e a more
definite statement, or 'ii( ordering that a pleading or a portion thereof $e stric#en, or 'iii( that the case $e
dismissed for any of a variety of reasons
". 7 defenses " can $e raised either in the anser or $y motion!
a. 3ac0 of sub4ect matter 4urisdiction
b. &ac7 of personal jurisdiction
c. "mproper venue
d. "nsufficient process! something is rong Cthe summons , complaint
e. "nsufficient service of process
f. Failure to state a claim on which relief can be ,ranted
,. Failure to 4oin an indispensable party
#. 7aiver of Defenses!
a. '$( N 'e( must $e put in the first 1ule B/ response 'motion or anser(, or else they6re waived
b. 'f( , 'g( can $e raised anytime throughout the trial
c. (a& can 'e raised any ti0e in t-e case / NE:ER 4ai*ed
B. Notice Pleadin5
1. 'omplaint " must contain!
a. %tatement of subject matter jurisdiction
b. %!ort plain statement of t!e claim, shoing entitled to relief
c. Demand for judgment " does not limit hat can $e recovered except in default cases
N)%*! ith a pro se litigant, the court is usually more lenient, $ut these requirements must still $e met
2. %tatement of claim " need not $e stated ith great specificity or particularity
a. Fed 1ules use hat is often called 3notice pleading,4 under hich the pleading is sufficient if it puts the
other side on notice
b. H exceptions 'here facts must $e plead ith specificity or particularity(!
(i) 'ircumstances establis!ing fraud
(ii) Dista7e
(iii) %pecial damages " those that don6t normally flo from an event
C. Disco*ery
1. Discovery may $e had of any nonprivileged matter that is relevant to any party&s claim or defense
"nformation soug!t must be reasonably calculated to lead to t!e discovery of admissible evidence "
information itself does not need to be admissible at trial
2. *lectronically ;tored 8nformation '*;8(
a. requesting party may specify the form or forms for producing *;8, and the responding party must use
that form unless it o$jects
b. *;8 need not $e produced if the responding party identifies it as from a source not reasona$ly accessi$le
$ecause of undue $urden or cost
c. %afe Garbor Provision + for$ids sanctions against parties ho lost information in the ordinary course of
operating an electronic information system
N)%*! party must ta#e reasona$le steps to save the *;8 after it $ecame clear that it ould $e
discovera$le in the litigation
Federal !urisdiction C
:II. TrialB Jud50ent and Post?Trial %otions (July !"# Essay Priority $ LO;&
A. Jury Trial
1. <equirement of demand " must demand jury trial in riting no later than E4 days after service of the last
pleading raising a jury+tria$le issue 'may demand in pleading or in a separate document(
2. <ig!t to jury trial in fed court " the @
th
2mendment 'hich applies only to fed courts( preserves it in actions
at law, <:% N)% in suits at equity
8n a case involving $oth la , equity " jury determination on la, then judge determination on equity
". %electing jury 'the voir dire process( " each side has unlimited stri#es of potential jurors for cause0 $ut each
side also has H peremptory stri#es, hich must $e used in a facially race gender@neutral way
#. 5otion for 4ud,ment as a matter of law 'formerly directed verdict " IF)E( " an exceptional order, the
effect of hich is to ta#e the case aay from the jury 'standard is that reasonable people couldn1t disagree
on t!e result(
a. D can move twice C 'i( at the close of $6s evidence , 'ii( again at the close of all evidence
b. P can )NEY move at the close of all evidence
B. Rene4ed %otion +or Jud50ent as a %atter o+ La4 (JNO:&
1. 2fter the jury returns a verdict for one party, , the court enters judgment on the $asis of that verdict, the
losing party files renewed motion for judgment as a matter of law, hich, if granted, results in entry of
judgment for him " must move not later than E4 days after entry of the judgment
2. %tandard " same as for judgment as a matter of law, , generally, the court ill vie the evidence in the
light most favora$le to the nonmoving party
". Fotion for judgment as a matter of la A& &7' C38)' 8F A33 '9D'-C' is a prere.uisite " if you
did not move for judgment as a of la at the close of all evidence, you cannot ma#e the reneed motion
C. %otion +or Ne4 Trial
1. Iudgment entered, $ut errors at trial require a ne trial " must move no later than E4 days after entry of the
judgment0 some common grounds for retrial include!
a. *rror at trial ma#es judgment unfair 'e.g., rong jury instruction, prejudicial evidentiary ruling(0
b. Ne evidence that could not have $een discovered in time for trial0
c. Prejudicial misconduct of party or juror 'e.g., lied on voir dire(0
d. Audgment is against t!e weig!t of t!e evidence, shoing serious error of judgment $y the jury0
e. 2!e judgment is void$
2. -ourts prefer to grant a ne trial than a reneed motion for judgment as a matter of la, $ecause it6s less
radical " simply results in starting over
Federal !urisdiction D
FEDERAL JURISDICTION / NE; 9ORE )AR EFA% ESSA9 2UESTIONS
I. RE%O:AL TO FEDERAL COURT
*xam! Fe$ /??@! 8ssue! 7hether the application of Ne Yor#&s choice of la rules and application of Ne Yor#
su$stantive la $y a Federal -ourt ith diversity jurisdiction is proper. 2nser! Yes.
*xam! Iuly /??B! 8ssue! 7hether a defendant can remove an action to federal court $ased on diversity jurisdiction.
2nser! Yes.
*xam! Fe$ /???! 8ssue! 7hether a proper $asis for federal jurisdiction exists to permit removal to federal court. 2nser!
Yes.
*xam! Fe$ BOOK! 8ssue! 7hether a federal court had valid diversity jurisdiction over the action. 2nser! Yes.
*xam! Fe$ BOOP! 8ssue! 7hether a federal court had valid diversity jurisdiction over the action. 2nser! Yes.
Federal !urisdiction G
FEDERAL JURISDICTION / ESSA9 2UESTIONS
. 2UESTION / < > 2:<2% 9= P<,'2"';?
2. Federal district court may exercise jurisdiction if have $oth 'i( su$ject matter jurisdiction, , 'ii( personal
jurisdiction
B. Personal jurisdiction " service is proper if made either ithin the state in hich the district court is located,
or if made under the state long+arm statute
. 2UESTION / " > ':9F&"'2 :F &,5% 9= P<,'2"';?
2. 7hether Fed court has ;FI and PI " P 'NY( v. D '-anadian( for LK?,???0 tort in NY
B. ;FI " 'i( federal question0 or 'ii( diversity claim over L@>,???
/. PI " use state jurisdictional $ases for o$taining PI
<. 7hether losing party may recover costs
B. =enerally, costs are aarded to the prevailing party, :NE*;; to do so ould $e inequita$le
/. Eosing party may$e aarded costs )NEY 8F the losing party has on some part of the suit
. 2UESTION / #! > ':9F&"'2 :F &,5% 9= P<,'2"';?
2. 7hether P 'non+state( can have the case remanded to NY court
B. 1emoved " hen complete diversity exists, case can $e removed from state to federal court
/. 1emand " :NE*;; one of the D is a citi5en of the state in the courts of hich the action is originally
$rought
9. 2UESTION / AD > ':DD;<'",& P,P;<?
2. 7hether diversity jurisdiction exists
E$ Diversity is sustained hen 'i( there is complete diversity, existed at the time action is commenced0 or 'ii(
amount of controversy exceeds L@>,???.
F$ 2ttempts to manufacture diversity 'e.g. moving right $efore the action(, does not destroy diversity, provided
there is $ona fide change of domicile
3$ <:%, though ith ;FI, D can move $ecause improper forum " here ;FI is $ased solely on diversity if!
a. 2ll D6s reside0
$. ;u$stantial part of claims giving rise to the action occurred0 or
c. 2ll Ds are su$ject to personal jurisdiction hen the case is filed
<. 2ncillary Iurisdiction " D as a third+party plaintiff
E$ 7here third+party claim is related to t!e main cause of action or underlying action
F$ <:% ancillary jurisdiction does N)% apply to unrelated claim
9. 2UESTION / C" > ':9F&"'2 :F &,5% 9= P<,'2"';?
2. 7hether action can $e removed to federal court
B. Need compete diversity $eteen opposing sides for diversity jurisdiction
/. 1emoval
a. Federal court must have jurisdiction over the case
'. ONL9 de+endants can re0o*e
c. ALL de+endants 0ust (oin in t-e re0o*al
d. 2 case $ased on diversity may N)% $e removed i+ any de+endant is a citi,en o+ t-e +oru0 state
e. 8f the case contains a separate and independent claim $ased on a federal question, defendant may
remove the hole case
f. Notice of removal must $e filed ithin H? days of the date defendant receives copy of the initial
proceeding
H. 1emand " P can file a motion to have the case remanded to the state court
9. 2UESTION / D# > 2:<2%?
2. 7hether court had personal jurisdiction
B. Fed court may acquire personal jurisdiction over parties served outside the state under the state statute
/. NY long+arm statute grants PI " transaction of any $usiness ithin NY )1 contracting anyhere to supply
goods or services to NY
<. ;ummary Iudgment
B. =ranted to the moving party only here there is N) genuine issue of material fact
-. Failure to state a cause of action + Proceeds on the theory that even if all the allegations of the complaint are
ta#en as true, there is no grounds of relief
Federal !urisdiction "!