PERSONAL JURISDICTION__________________________________________________________________________________
1. Traditional jurisdiction under Pennoyer?
a. Consent?
i. Objection waived?
ii. Appeared in court to defend on the
merits?
iii. Forum selection clause (Carnival)?
b. Served while present?
i. Tag jurisdiction under Burnham (NOT
majority concurrence says min.
contacts test)?
c. Resident?
i. Individual = domicile, Corp. = INC /
PPB
ii. General jurisdiction?
1. Essentially at home under
Goodyear? Under Daimler:
domicile? (INC/Principal place
of business)
d. Seizure of property in forum state? (Quasi in
rem)
i. Shaffer min contacts still required
2. International Shoe minimum contacts test?
a. Intentionality and purposeful availment?
i. Purposefully targeting forum state
under Burger King or McGee or person
in forum state under Calder? =
SUFFICIENT
ii. Placing product into stream of
commerce under American Radiator,
Goodyear, Asahi or J. McIntyre? =
MAYBE sufficient
SUBJECT MATTER JURISDICTION__________________________________________________________________________
1. 1331 Federal Question?
a. Case arises under laws of U.S. under Art III Sec
2?
b. Federal question on the face of well-pleaded
complaint under Mottley and 1331?
i. FQ embedded in a state law claim is
(1) substantial, (2) disputed, and (3)
no floodgates Merrell Dow/Grable?
2. 1332 Diversity?
a. Complete diversity of citizenship under 1332
and Strawbridge?
i. Individuals = domicile (Mas)
ii. Corporations = INC and PPB/nerve
center (Hertz)
iii. Association citizenship under domicile
of any member
b. Amount in controversy as determined by
complaint >75k under 1332?
i. P->D: all even unrelated amounts can
be aggregated (Rule 18)
ii. P1/P2->D: one Ps claim must meet 75k
iii. Cant aggregate claims against multiple 5. If no, object/move to dismiss under 12(b)(1) lack of
Ds /amount of counterclaim is irrelevant
c. Not brought in Ds home state?
iii. Ps unilateral contact with forum state
created harm under Denckla or
Volkswagen? =INSUFFICIENT
b. Burger King reasonableness factors (if
unreasonable, violates due process)?
i. Burden on D?
1. Foreign D under Asahi?
ii. Interest of P?
iii. States interest?
1. Case between two foreign
parties under Asahi?
iv. Other states trumping interest?
3. Is this a specific or general jurisdiction claim?
a. Did the claim arise out of the Ds contacts with
the forum state?
i. If yes, specific jurisdiction apply min.
contacts test.
ii. If no, general jurisdiction.
1. D must be essentially at home
in the forum state through
continuous and systematic
relations under Goodyear.
2. Corporation at home = INC /
PPB under Daimler, but
indicates these categories may
not be exclusive.
4. If no, object/move to dismiss under 12(b)(2) for lack of
PJ in first responsive pleading or WAIVED
a. Under Insurance Co. of Ireland, a court may
sanction PJ to an uncooperative party
3. 1367 Supplemental?
a. Part of same constitutional case or
controversy under 1367(a) and Gibbs
CNOOF?
b. Under 1367(b) original diversity SMJ and no
claim by P against party added under FRCP
14, 19, 20 or 24 violates 1332?
i. Claim doesnt meet amount in
controversy under Star-Kist?
c. Should be dismissed under 1367(c) courts
discretion for (1) complex state law issue, (2)
predomination over original claim, or (3) other
exceptional circumstances?
i. NOTE: dismissal is appealable
4. D trying to remove under 1441?
a. All Ds agree?
b. If diversity, not filed in home state of any D?
c. Timely request?
d. Removable on basis of well-pleaded complaint
under Mottley.
e. NOTE: remand after removal is NOT appealable
SMJ at any time
VENUE____________________________________________________________________________________________________
1. Under 1391, venue is proper if brought in a district b. Improper, so dismissed and re-filed, without
a. (1) Where any D resides (individual = domicile, substantive law, in proper venue under 1406?
corp.=PJ)? c. Proper/improper and more convenient venue
i. All Ds MUST reside in same state outside the U.S. so dismissed under forum non
1. Joined and TPD excluded convenience?
b. (2) Where substantial part of events giving rise i. Gulf Oil factors (Piper Aircraft): (1)
to claim occurred? access to evidence, (2) location/cost of
c. (3) ONLY IF (1) and (2) dont apply, where PJ witnesses, (3) scene of incident, (4)
over D? local interest, (5) courts familiarity
d. Automatically proper under 1441 Removal? w/law, (6) burden on jurors, etc.
2. Original venue is 3. If no, object/move to dismiss under 12(b)(3) improper
a. Proper, so transferred w/ substantive law, to venue in first responsive pleading or WAIVED
more convenient venue under 1404 (Ferens)? 4. NOTE: disfavored motions can be made post-12(b)(3)