IS IT WORTH IT??!?

PERSONAL JURISDICTION 1. Person

1. Diversity (1332)
Un / Rel + Cont Syst / Occ

a) Original Jurisdiction? YES, removal (Shamrock) b) Is D citizen of forums state? NO, removal for diversity c) Remand: only non CNOOF claims (W Mifflin) e) Fed district embrace state court?
VENUE

a. Complete @ Time Suit Filed? (Strawbridge)

i. Human US Citizen + State domiciliary (Mas v. Perry) Permanent Physical Residence Intent to stay (deeply factual)

General: continuous systematic ties Specific: activities occur in forum A. Statutory Analysis Traditional Bases Statutes

ii.

B. i.

Non-Resident Motorist Act (Kane; Hess) Long-Arm Statute (Amer. Radiator) Constitutional Analysis (5th DP + 14th FFC) Presence Tradl Bases (Pennoyer; Burnham) Service in state Domiciled in state D consents

Corporation Incorporated OR PPB Nerve Ctr (Hertz) Unincorporated: Citizenship of any member

Where Appropriate (1391)

Individuals (a) Diversity; (b) FQ)

b. > 75K? (unless legal certainty cant be) (AFA Tours)

Good Faith?

1. Where any D resides if all in same state; OR 2. Where substantial part of claim arose / property
subject of action is situated 3. If neither, then

Aggregated claims if 1 P v 1 D (no multi Ds unless joint liab)

2. FQ (1331)
Well Pleaded Complaint (Mottley; TB Harms)

ii.

Min Contacts + Fairness (Intl Shoe)

Contacts (Asahi) a) Stream of Commerce + Foreseeability (BREN) b) Stream of Commerce + Purp Directed (OCNR)
Fairness

Diversity: where PJ @ time action commences FQ: where D found

SUPPLEMENTAL JURISDICTION (1367)

c) Corporations Single district state PJ Multi-district state dist subject to min contacts

Congress spoken against? NO, SJ (Aldinger) a) CNOOF for all parties? YES, SJ (Exxon; Ortega)
b) Complete Diversity? $75k by 1 party? c) Decline SJ

Transfer of Venue (1404(a)):

By either P/D - Where Originally Brought (Blaski)

Ds Burden (Hansen) Ps Interest (McGee)

Forums Interest Efficient dispute resolution Shared interest by multiple states 2. Property A. Statutory Analysis: attachment statute B. Constitutional Analysis

Forum Non Conveniens (Piper Aircraft) Std: Ps choice undisturbed unless D vexed/harassed Private Factors Access to proof Cost of witnesses attending Compulsory attendance for witnesses Practical problems

1. 2.

Gibbs Economy/Fairness/Convenience/Comity? Exec Software (9th cir) i. Novel / complex state issue? State claim predominates?

ii.

In-state service Presence (Burnham) No in-state svc Intl Shoe (Heitner)

iii. All FQ claims dismissed?

iv. Exceptional, compelling circumstance? IF YES Economy/Fairness/Convenience/Comity? REMOVAL (1441)

Public Factors Admin efficiency Local interest in controversy

SUBJECT MATTER JURISDICTION

Only by D!!! All Ds agree? (unless sep & indep claim)

Forum familiar w law CHOICE OF LAW State substantive + Fed procedural

1. Fed directive of point thats constitutionally enacted

(Hanna)

4. Due Process (AGAINST whom)

Case 1 party OR privity w such party

b. On Point? leg intent (Walker) c.

Directive? fed law (Hanna; Burlington; Stewart) d. Constitutionally enacted? 10th NO 2 YES Fed law

a.

Partys interests adequately represented? (cls act)

5. Mutuality (BY whom)

Case 1 party

b. Non-Mutual Defensive: OK (Bernhard) c.

Non-Mutual Offensive (Parklane)

2. Fed law result in diff outcome? (Guaranty Trust)

Consider Twin Aims of Erie

Could P easily join? Fair to D? Incent for D to litigate vigorously?

Forum Shopping + Inequitable Admin of Laws NOTICE (FRCP 4)

NO Fed law YES 3

Reasonably calculated to (Mullane) 1. Reach recipient? Known contact info? Reg service Unknown contact info? Newspaper 2. Afford reasonable time to be heard?

3. Overriding fed interest? (Byrd)

NO State law (how would state court rule?) YES Fed law Hybrid Gasperini (appellate reexam std)

PRECLUSION Claim Final, valid, merits? 1.

2.
3.

Same parties or in privity? Claim shouldve been raised in case1

Issue

All claims from same trx (Rush; NY Racing) Events divisible? (Morris Bank)

Defense: No shield then sword (Mitchell)

Law changed? No Preclusion (Sunnen)

1. Final, valid, merits?

2. Issue Litigated & Decided? (Cromwell) 3. Issue Essential to Case1 Judgment? (Rios)