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Affidavit
examples
meaning
Amendments
action barred by limitations period
amendment at trial
adding legal theory
adding new party
as a matter of course
changing factual allegations,
consented-to amendment
counterclaim, amendment to
denial, reasons
Doe defendants
example cases allowing amendment
example cases denying amendment,
mistake as to proper party
rationale for liberal allowance
relation back
against new party
against same party
Rule 4(m) period for service
review standard
separate action where amendment denied
standard for allowance
Amount-in-controversy requirement. See Diversity jurisdiction
Ancillary jurisdiction. See Supplemental jurisdiction
Archngel Gabriel
unexpected appearances
Arising-under jurisdiction
generally
American Law Institute proposal
amount-in-controversy requirement
concurrent jurisdiction with state courts
Congressional control
constitutional scope
Osborn case
contract involving patent
counterclaim
defense as basis
distinction between constitutional and statutory scope
distinction between jurisdiction and challenge on the merits
diversity irrelevant
example cases
factual dispute only
Grable case
Holmes test
“law of the United States,” meaning
merits challenge compared to jurisdiction
Merrell Dow case
Mottley rule
subsequent history of Mottley
omitting federal claim
Osborn case
patent cases
state court jurisdiction in arising-under cases
state statute
statutory scope
Supreme Court jurisdiction to review
well-pleaded complaint rule
Challenges to personal jurisdiction
generally
appeal of jurisdictional finding
federal courts
interlocutory appeal
in the enforcing state
challenge in enforcing state
chart
collateral attack
default judgment
Full Faith and Credit Clause
merits barred from litigation
methods of obtaining enforcement
registration of judgment
power to question jurisdiction of rendering court
collateral estoppel on
challenge in rendering state appeal of jurisdictional objection
federal courts
interlocutory appeal
chart
defending merits after challenge rejected
Federal Rules (Rule 12(b)(2)) approach
property as basis for jurisdiction
special appearance
waiver by defending on merits
collateral attack
collateral estoppel on jurisdiction issue
common scenarios chart
enforcement of judgment in other state
Full Faith and Credit Clause
Full Faith and Credit Clause
judgment on the judgment
long-arm statute applicable
property as basis of jurisdiction
registration of judgment in other state
second challenge to jurisdiction barred
in enforcing state
special appearance
waiver of objection
under Rule 12(b)
Choice of law. See Conflicts of law; Erie doctrine
Claim preclusion. See Res judicata
Collateral estoppel
generally
“actually decided” requirement
alternative holdings
multiple claims
multiple defenses w/ general verdict
“actually litigated” requirement
omitted defense
compared to res judicata
complex example
evidence offered that was omitted at first trial
examples
general verdict
issue preclusion, alternate name
mega-hypo
“necessary to the judgment” requirement
alternative holdings
non-mutual
generally
basic estoppel distinguished
basic estoppel requirements applicable
no estoppel against non-party to first action
Bernhard case
Blonder-Tongue case
burden of proof
criticized
cross-claim omitted from first action
defensive
discretion to apply
examples
mutuality rule
abandonment in federal courts
offensive
cautionary factors in applying
Parklane case
same issue requirement
“wait and see” problem
personal jurisdiction issue
prerequisites
res judicata distinguished
same issue requirement
summary judgment based on supporting materials
“wait and see” problem
Conflicts of law
generally
certification to ascertain applicable law
choice of law approaches
consortium injury, First Restatement approach
Erie doctrine
cases transferred under §1404(a)
proper conflicts of law rule under
federal court
Ferens case
First Restatement
locating place of injury
forum non conveniens
forum shopping for favorable law
by defendants
effect of modern choice of law theories
forum state choosing own law
“horizontal uniformity”
chart
Challenges to personal jurisdiction (continued)
interest analysis
introduction to
Klaxon case
applied
“lex loci delicti” (place of the injury) rule
application of other state’s law
limitations period
in federal court
most significant relationship approach
procedure/ substance distinction
in federal court
state court
theories
transferred cases
Van Dusen case
“vertical uniformity”
chart
Directed verdict. See Judgment as a matter of law
Discovery
generally
admissibility
admissions, request for
attorney-client privilege
automatic disclosure
depositions
cross-examination
electronic means
geographic limits
objections at
procedure for scheduling
redeposing witness
Rule 30(b)(6) notice
trial deposition
written questions
destruction of documents
document definition
electronic data
exams, physical or mental
experts
as fact witnesses
non-testifying experts
financial information
Hickman case
information discoverable
interrogatories
contention interrogatories
counsel’s signature as to legal objections
duty to investigate
limit on number
non-party
sample set
judge’s authority to limit
jurisdictional issues
medical records
methods
motion to compel
non-party witnesses
notice of deposition
objection based on burden
physical or mental exam
private information
privileges
attorney-client
confidentiality compared
facts vs. communications
objections at deposition
psychotherapist
protective orders
relevance
requests for admission
requests for production
authorizing requesting party to search records
destruction of documents
electronic records
from non-party
inspection of premises or things
“possession, custody, or control”
Rule 26(a)
Rule 26(b)(1)
Rule 26(b)(3)
Rule 26(b)(4)
Rule 33
Rule 34
sanctions
Schulansky case interrogatories
scope
admissibility, relation to
under prior rule
stay
subpoena
example
supplementation of responses
tax return
tools
witness in other state
work product
anticipation of litigation
documents and tangible things
Discovery (continued)
prepared for party
facts not protected
Hickman case
mental impressions
prepared for party
Diversity jurisdiction
generally
aliens, suits involving
admitted for permanent residence
amendment destroying diversity
amount-in-controversy requirement
aggregation of claims
effect of supplemental jurisdiction statute
intangible damages
joint tortfeasors
multiple defendants
multiple plaintiffs
multiple theories of relief
punitive damages
St. Paul Mercury test
applicable state law. See Erie doctrine
“citizen” defined for purposes of
alternative test
corporate citizenship
domicile test
party domiciled in state but not U.S. citizen
U.S. citizen domiciled abroad
intent requirement
change after arrival in state
“indefiniteness” requirement
combined with federal question claim against second defendant
compared to constitutional diversity grant
compared to personal jurisdiction
complete diversity requirement
applicability where defendants are co-citizens
concurrent state court jurisdiction over
constitutional and statutory scope compared
corporations, application of diversity
Hertz case
nerve center test
principal place of business
§1332(c)(1)
dandelion, amount-in-controversy test
date for determining
district where events took place not relevant
district where suit is brought not relevant
domicile test
alternative test for
compared to role of domicile in personal jurisdiction
Exxon-Mobil case
personal jurisdiction, relation to
principal place of business
rationale
requirement for Congressional authorization
source in Article III
state court jurisdiction over
Strawbridge rule. See complete diversity requirement, supra
third-party claim
effect on main claim
measuring diversity of
Domicile. See Diversity jurisdiction; Personal jurisdiction
Erie doctrine
generally
amendments
Archangel Gabriel, visitation
ascertaining state law
certification procedures
federal court opinions, effect in state court
effect on lower federal court
predictive approach
in states with multiple intermediate courts
intermediate appellate opinions
where state court applies law of another state
relief from judgment based on state court change in law
Supreme Court predictive approach
bewildered law student
eventual recovery
Glannon as
Black & White Taxicab case
Holmes dissent
burden of proof as substantive
Byrd case
applied to example
continuing validity after Hanna
effect of countervailing federal policies
matters of form and mode
relation to Erie and York
certification of state law issues
conflict with state law
conflicts of law. See Conflicts of law
direct conflict between state law and federal rule or statute
Erie decision
applied to examples
easy part
interpretation of state statute
fantasy
Archangel Gabriel
Glannon bails
traumatized law student
federal constitutional provisions, conflict with state law
federal judicial practices
conflict with state law
distinguished from Federal Rules and statutes
examples
Walker case
federal procedure, application of. See substance/procedure distinction, infra
Federal Rules of Civil Procedure
conflict with state law
constitutional power to promulgate
drafting of
proper analysis under Erie doctrine
Rule 15(c)
statutory authority to promulgate
federal statutes, conflict with state law
framework for analyzing Erie problems
Hanna v. Plumer case
defendant’s argument based on York
Hanna Part I
application in Walker v. Armco Steel Corp.
application to conflicts involving federal judicial practices
applied to jury instructions
burden of proof
compared to Hanna Part II
inequitable administration of the laws under
Hanna Part II
abridging substantive rights under REA second subsection
application to conflicts involving federal rules and statutes
direct conflict for Erie purposes
modified outcome-determinative test
judicial practices. See federal judicial practices, supra
legal realist view of federal power
local usages
“outcome-determinative” test
pleading intangible damages
policy of uniformity
procedure, effect of Erie doctrine upon. See substance/procedure distinction, infra
Rule 15(c). See Federal Rules of Civil Procedure, supra
Rules Enabling Act
first subsection, authority to promulgate procedural rules
second subsection, limit on rule-making authority
Rules of Decision Act (28 U.S.C. §1652)
interpretation under Swift v. Tyson
reinterpretation in Erie
text
source in federal system
state statute or rule in conflict with federal provision
statutes of limitations
substance/procedure distinction
burden of proof
conflicts with state law
direct conflict for Erie purposes
federal constitutional provisions
federal judicial practices
federal procedural rules
federal statutes
constitutional authority for separate federal procedural rules
Federal Rules of Civil Procedure, effect of Erie doctrine upon
Erie doctrine (continued)
“outcome-determinative” test
purely substantive issues
statutes of limitations under Erie
types of provisions that may conflict with state law
York decision
supplemental jurisdiction, application to
Swift v. Tyson rule
application where federal cases differ
constitutional problem
dissenting view of Justice Holmes
natural law basis
problems posed by
rejection in Erie
treatment of state statutes
Walker case
York decision
analyzed under Hanna Part I
Fantasies
Archangel Gabriel, unexpected appearances
Erie angst
flower-watering jobs
Glannon bails
intimidated law student
Federal courts
applying state law, Erie doctrine. See Erie doctrine
conflicts doctrine in diversity cases. See Conflicts of law
Federal question jurisdiction. See Arising-under jurisdiction
Federal subject matter jurisdiction. See also Arising-under jurisdiction; Diversity jurisdiction
compared to joinder rules (see Chapter 17)
compared to personal jurisdiction
concurrent jurisdiction with state courts
constitutional basis in Article III
federal questions. See Arising-under jurisdiction
limited nature of
removal. See Removal jurisdiction
single basis sufficient
state jurisdiction over cases within
waiver of defect in
Forum non conveniens. See Venue
General in personam jurisdiction. See Personal jurisdiction
Impleader. See Joinder of claims and parties, Rule 14(a)
Intervention. See Joinder of claims and parties, Rule 24
Issue preclusion. See Collateral estoppel
Joinder of claims and parties
generally
compared to jurisdiction
compared to res judicata
counterclaims. See Rule 13, infra
cross-claims. See Rule 13, infra
entire controversy doctrine, 262
impleader. See Rule 14, infra
intervention. See Rule 24, infra
joinder of claims. See Rule 18(a), infra
joinder of plaintiffs and defendants
alternative liability
different theories or damages
relation to jurisdiction
jurisdiction, independent requirement for
generally
Rule 13
applied to examples
counterclaim, additional party to
cross-claim compared to counterclaim
Rule 13(a)
claim against co-defendant
Rule 13(b)
Rule 13(g)
applied to examples
cross-claims for indemnification
combined claim with Rule 18(a) claim
jurisdiction compared
same transaction or occurrence requirement
unrelated claim
Rule 13(h)
third-party claim against plaintiff compared to counterclaim
waiver of counterclaim
Rule 14
generally
compared to Rule 20
contingent liability
contribution claims
complaint, example
counterclaim distinguished
derivative liability requirement
discretion to decline jurisdiction
effect on jurisdiction over original action
indemnification claims
insurer
jurisdiction over third-party claims
compared to joinder requirement
personal
subject matter
supplemental
liability to plaintiff insufficient basis
multiple third-party defendants
permissive nature of rule
personal jurisdiction over third-party defendant
plaintiff impleading third party
plaintiff’s claims v. third-party defendant
pleading requirements
Rule 14(b)
Rule 18(a), added claim
state impleader rules
subject matter jurisdiction
over main claim
third-party defendant
claim against fourth-party defendant
claim against plaintiff
counterclaims
defenses to main claim
defenses to third-party claim
impleader by
transaction-or-occurrence test distinguished
venue, effect of third-party claims upon
Rule 18(a)
applied to examples
claims by parties other than plaintiffs
combined with Rule 14
combined with Rule 20(a)
permissive nature of rule
compared to res judicata
Rule 19
generally
dismissal where absentee cannot be joined
party to be joined if feasible
absentee needed for just adjudication
multiple judgments v. inconsistent obligations
prejudice to absentee if not joined
reasons joinder may not be feasible
res judicata effect of adjudication on absentee
Rule 19(b)—discretion where joinder not feasible
Rule 20(a) contrasted
Rule 20(a)
additional claim under Rule 18(a)
applied to examples
claims based on different theories
multiple defendants
permissive nature of rule
Rule 14 contrasted
same transaction or occurrence requirement
Rule 24, intervention
generally
adequate representation
affirmative action case
discretionary factors for refusing intervention
interest—definition
limited intervention
of right
permissive
Rule 20(a) compared
third-party claims. See Rule 14, supra
Judgment as a matter of law
generally
affirmative defense as basis
appeal
appellate court’s power to order entry of judgment as a matter of law
effect of reversal of judgment as a matter of law
chart
final decision rule
state courts, interlocutory appeal
burden of production
chart
burden of proof
chart
judge-tried action
Chamberlain case as example
Judgment as a matter of law (continued)
chart comparing motions for new trial and judgment as a matter of law
conditional motion for new trial
contradictory evidence
credibility of witnesses
directed verdict
early practice
relation to judgment as matter of law
use of “directed verdict” terminology in state practice
due process limits on grant
federal practice, judgment as matter of law
j.n.o.v. compared to judgment as a matter of law (directed verdict)
j.n.o.v. defined
judge-tried action
judgment as a matter of law distinguished
judgment notwithstanding the verdict
compared to judgment as a matter of law (directed verdict)
compared to new trial, chart
“managerial judging” applied to judgment as a matter of law
motion before verdict as prerequisite to renewal of motion
motion made after verdict (j.n.o.v.)
appeal, with new trial motion
combined with new trial motion
compared to pre-verdict motion
prerequisites
motion before verdict
motion by other party insufficient to preserve motion
motion on different ground insufficient
rationale for allowing renewed motion
chart
motion to dismiss for failure to state a claim compared
new trial distinguished
physically impossible evidence
plaintiff’s motion
timing
presentation of evidence at trial—chart
rationale for jnov
standard
compared to judge-tried action
“federal” standard
motion made after verdict
plaintiff’s evidence standard
relation to directed verdict
scintilla test
summary judgment compared
time for motion
chart
plaintiff’s motion
prior to completion of plaintiff’s case
Judgment not withstanding the verdict. See Judgment as a matter of law
Jurisdiction. See Diversity jurisdiction; Personal jurisdiction; Removal jurisdiction; Subject matter jurisdiction; Supplemental jurisdiction
Long-arm statutes
generally
“arising out of” requirement
bluebook foible
California long-arm statute
compared to constitutional limits
component manufacturer
contracting provision
distinguished from minimum contacts test
enumerated act statutes
federal courts
Gray case
indirect sales in state
insurance provision
limits of due process
out-of-state acts
Pennsylvania statute
rationale for enumerated act long-arm
relation to due process clause
requirement for
tortious act in state
tortious act out of state
transacting business provision
two-step analysis
types
broad grant of all constitutional jurisdiction
enumerated act
hybrid
unconstitutional application, example
Uniform Interstate and International Procedure Act
applied
text
World-Wide case as example
Minimum contacts. See Personal jurisdiction
Motions
compared to pleading
directed verdict. See Judgment as a matter of law
to dismiss. See Motion to dismiss
meaning
more definite statement
summary judgment. See Summary judgment
Motion to dismiss
generally
failure to state a claim
amendment after dismissal of complaint
examples
factual allegations taken as true
legal allegations in complaint
pleading errors
purpose of motion
raising after answer
standard for granting
unsettled legal issues
vague or general allegations
pre-answer motion
affirmative defenses
alternative to answer
amendment to insert omitted preliminary defense
answer, right to assert defenses and objections
counterclaim, preliminary objections to
dismissal of complaint and case compared
failure to state a claim (see sub-entry above)
fatal defenses
insufficient service of process
compared to insufficiency of process
multiple Rule 12(b) motions
necessary party
optional nature
personal jurisdiction
raising multiple Rule 12(b) objections
rationale
removal, effect on waiver of Rule 12(b) defenses
Rule 19
Schulansky case. See Schulansky case
special appearance compared to pre-answer motion
subject matter jurisdiction
time to answer if motion denied
types of objections
curable defects
failure to state a claim
fatal defects
more definite statement
process and service of process
waiver of pre-answer defenses
amendment to cure
defenses “available” at first motion
“disfavored defenses”
examples
failure to state claim
omitted from answer
omitted from motion
personal jurisdiction
subject matter jurisdiction
venue
venue
Myrmidon
natural history
excessive pommeling of
encounter with Minotaur
Necessary parties. See Joinder of parties, Rule 19
New trial
generally
appeal
combined motion with j.n.o.v.
examples
interlocutory nature of new trial decision
new trial motion after reversal on appeal
standard for review
state practice
chart comparing to judgment as a matter of law
conditional motion for
credibility considered on motion
errors supporting grant
grounds
interlocutory order for new trial
state practice
New trial (continued)
judge-tried cases
judgment as a matter of law, combined motion with new trial motion
examples
objection, necessity of objection at time of error
partial new trial
prevailing party, motion by
standard for grant based on inadequacy of evidence
timing of motion
weight of the evidence
Non-mutual collateral estoppel. See Collateral estoppel, non-mutual
Notice. See Service of process
Pendent jurisdiction. See Supplemental jurisdiction
Personal jurisdiction
generally
acts outside state
advertising as basis
“arising out of” requirement
Asahi case. See also stream of commerce cases, infra
benefits and protections of state law
Burnham case
casual or isolated contacts
challenges to (see Challenges to personl jurisdiction)
compared to subject matter jurisdiction
examples
constitutionally recognized bases
corporation—principal place of business
defendant-oriented nature of
deliberate in-state contact
domicile
corporate
jurisdiction based on
plaintiff’s not a basis
rationale as basis for
relevance to personal and subject matter
federal courts
Fed. R. Civ. P. 4(k)(1)
Fifth Amendment
foreseeability, relevance of
forum state’s interest
Fourteenth Amendment
general in personam jurisdiction
application to individuals
based on permanent facility
based on principal place of business
compared to corporate citizenship for diversity purposes
compared to general subject matter jurisdiction
time for assessing general contacts
inconvenience to defendant
in-state service of process
on corporate officer
insurance case
interests of state in asserting jurisdiction
International Shoe case
Internet
long-arm statutes. See Long-arm statutes
minimum contacts test
“arising out of” requirement
benefits and protections of state law
casual or isolated contacts
continuous contacts,
foreseeability of in-state use
importance of other factors
individual defendants
Internet
long-arm statutes distinguished
multiple states, contacts with
out-of-state acts
plaintiff’s contacts
proper time for assessing contacts
purposeful availment
quality and nature of contacts
rationale
single contact
solicitation in state
stream of commerce cases. See Stream of commerce, infra
sufficiency where more contacts with other state
unrelated contacts
tort in state
Pennoyer v. Neff
plaintiff’s interest in relief
plaintiff’s residence, relevance of
process. See Service of process
product as agent for service
purposeful availment requirement
reasonableness of taking jurisdiction
removed action
service of process. See Service of process
compared to personal jurisdiction
in state not sufficient for jurisdiction over corporations
“Shoe” spectrum
single act as basis
solicitation in state
regular advertising
single solicitation
specific jurisdiction
state and federal compared
stream of commerce cases
application to American manufacturers
goods sold to wholesaler outside forum state
“mere awareness” as basis for jurisdiction
out-of-state manufacturer
waiver of objection, failure to raise in answer or pre-answer motion. See also Challenges to personal jurisdiction
Pleading. See Amendments; Pre-trial litigation process; Schulansky case
Pre-answer motions. See Motions to dismiss
Pre-trial litigation process. See also Schulansky case
generally
assignment of case to judge
complaint
see generally
filing
cooperation of counsel
discovery. See Discovery
investigation
judicial case management
pleadings
settlement
tactical issues in choice of court
Removal jurisdiction
generally
amendment, effect of
destroying diversity
§1447(e)
amount in controversy
constitutional basis
counterclaim as basis
derivative jurisdiction rule
§1441(f)
diversity cases, limits
adding non-diverse party to avoid removal
alleging insufficient amount to avoid removal
in-state defendant
rationale for
entire case removed
exclusive federal jurisdiction, removal of case involving
federal question case
amendment adding federal claim
exclusive federal jurisdiction, removal of case involving
federal defense insufficient
§1441(f)
where diversity is present as well
fraudulent joinder
in-state defendant in diversity cases
arising-under jurisdiction case
notice of
original federal jurisdiction, relation to
federal issue raised in answer
relation to Mottley problem
patent claim
claim for breach of patent contract
personal jurisdiction objection preserved
plaintiff, right to remove
procedure
after removal
documents filed in federal court
effect on state court orders
in-state defendant
multiple defendants
defendants not served
defendant served after removal
unanimity requirement
notice of removal
allegations necessary to sustain removal
plaintiff removal
remand
lack of jurisdiction
time limit, procedural defects
state court authority, after removal
time for raising procedural defects in removal
time for removal
where right to remove unclear
proper court for removal
rationale
relation to original federal jurisdiction
remand
Removal jurisdiction (continued)
lack of jurisdiction
time limit, procedural defects
Schulansky case. See Schulansky case
state court orders, after removal
supplemental claims
transfer, compared to removal
venue in removed cases
Res judicata
generally
action in different court
affirmative defense of
amendment to add omitted claim in first action
change in applicable law
change while appeal pending
relief from judgment
child support claim
claim defined
state practice
claim splitting
distinct types of damages
theories of relief
compared to joinder rules
continuing court orders
counterclaims
permissive
state rules
cross-claim
damages
asbestos cases
omitted in first suit
subsequent to trial in first suit
default judgment
evidence not admitted at first trial
examples
exclusive federal jurisdiction
“final judgment” requirement
impleader claim
additional claim under Rule 18(a)
by impleaded party against plaintiff
intervener
joinder compared
examples
jurisdictional dismissal
law/equity compared
merger doctrine
myrmidons, natural history
“on the merits” requirement
default judgment
dismissal under Fed. R. Civ. P. 12(b)(6)
effect of subsequent change in applicable law
failure to prosecute
jurisdictional dismissal
summary judgment
pleading res judicata as affirmative defense
prerequisites
rationale
relation to procedural rules
joinder compared to res judicata
relief from judgment to avoid
Restatement standard
alternatives
“same claim” requirement
compared to early common law practice
counterclaim
joinder compared
omitted damage claims
subsequently discovered damages
omitted evidence
omitted theories
Restatement (Second) of Judgments §24
same transaction test
claims arising from unrelated events
subsequent claim under same contract
unpaid judgment
“same parties” requirement
different plaintiffs
different defendants
permissive joinder compared
summary judgment, res judicata effect
supplemental claims
“two-disease rule”
unpaid judgment
Rules Enabling Act. See Erie doctrine.
Rules of Decision Act. See Erie doctrine
Schulansky case
generally
affidavits
in support of motion to dismiss
in support of motion to transfer
answer
generally
adoption by reference
affirmative defenses
certificate of service
counterclaim in answer
answer to counterclaim
applicable pleading rules
jurisdictional allegation
jury trial claim
waiver of jurisdictional objection by filing
denials
example
inconsistent positions
objection to jurisdiction included
responses to plaintiff’s allegations
Rule 11 applicable
service of process
time to answer, removed action
complaint
generally
adoption by reference
caption requirements
claims for relief
demand for relief
example
exhibits
factual allegations heading
jury trial claim
legal theories
paragraph form
parties heading
Rule 11 requirements
signature
contract
counterclaim
effect on objection to jurisdiction
example
facts
inconsistent pleading
local rules
motion for summary judgment. See summary judgment, infra
motion to dismiss
combined with other motion
contents
lack of personal jurisdiction
affidavit in support
memorandum in support
opposition
Rule 11 requirements
motion to transfer
affidavit in support
example
third-party standing
proposal and estimate
removal
generally
answer after removal
answer prior to removal
effect on objection to jurisdiction
jury trial request upon removal
notice
additional allegations in notice
amount in controversy allegations
caption material
change from “petition” to “notice”
example in Schulansky
papers included
place of filing
Rule 11 applicable
time for filing
notification of removal
petition distinguished
unanimity requirement
summons
theories of relief
third-party claim
generally
answer
“bulge” service
complaint
caption
demand for relief
example
pleading rules applicable
Rule 11 applicable
service
discretion to dismiss
facts
inconsistent pleading
legal theories
personal jurisdiction over
pleading rules applicable
related additional claim
service of process
subject matter jurisdiction
theories for impleading third party
transfer
motion
Schulansky case (continued)
Service of process
actual notice not received
agent for service of process
amenability to federal jurisdiction
constitutional limits
due process
Fifth Amendment
examples
Federal Rules of Civil Procedure 4
federal long-arm provision
Rule 5 compared
impleader claim
interpleader case
limitations, relation to
Massachusetts service provisions
meaning
methods of service
generally
corporations
dwelling or usual place of abode
individuals
out-of-state service
proper person to make service
proper person to receive service
authorized agent for service
co-defendant
managing agent
officer of corporation
“suitable age and discretion”
third-party defendant
Rule 14 impleader claim
Schulansky case
state service provisions
Massachusetts service provision
waiver
notice, due process
papers served
personal jurisdiction compared
process other than summons
proof of service
relief from judgment based on lack of notice
return of service
special service statutes
state service provisions
summons
compared to complaint
Schulansky case, summons form
third-party defendant
time for service
waiver of service
State court jurisdiction
concurrent with federal courts
subject matter
Stream of commerce. See Personal jurisdiction
Subject matter jurisdiction. See also Arising-under jurisdiction; Diversity jurisdiction; Federal subject matter jurisdiction; Removal jurisdiction; Supplemental jurisdiction
Article III jurisdiction
compared to joinder
compared to personal jurisdiction
concurrent, state and federal
civil rights cases
exclusive
state courts
compared to federal
waiver of objection
Summary judgment
generally
admissible evidence requirement
allegations in opposition to motion
burden on opposing party
Celotex case
conflict in moving party’s evidence
continuance
emotional distress claim
factual disputes on other issues
failure to file opposing materials
malicious prosecution claim
material fact requirement
opposing materials
partial summary judgment
party with burden of proof
purpose
questions of law
standard for grant
supporting materials
vague or general allegations
Supplemental jurisdiction
generally
Aldinger case
amount-in-controversy requirement
multiple-defendant cases
multiple-plaintiff cases
ancillary jurisdiction
proper analysis prior to §1367
applied to examples
case or controversy requirement
common nucleus of operative facts test
relation to transaction or occurrence test
common situations involving
compared to joinder rules
constitutional basis
unrelated claim
cross-claims
ancillary jurisdiction
supplemental jurisdiction
counterclaims
ancillary jurisdiction
permissive
supplemental jurisdiction
additional party
plaintiff vs. third-party defendant
discretion to decline
under Gibbs case
under §1367(c)
diversity cases, limits on jurisdiction prior to §1367
cases lacking complete diversity
limits under §1367
supplemental jurisdiction where amount-in-controversy insufficient
Exxon-Mobil case
Finley case
Gibbs case
impleader situation
added claim under Rule 18
intervener
joinder rules compared
jurisdictionally sufficient claims
Kroger case
“nucleus of operative facts” requirement
pendent jurisdiction, relation to
§1367 compared
pendent party jurisdiction
procedure where supplemental jurisdiction declined
section 1367
applied to examples
case-or-controversy requirement
§1367(a)
pendent party jurisdiction
text
§1367(b)
text
§1367(c)
standard for exercise of supplemental jurisdiction
relation to Gibbs standard
statutory authority for supplemental jurisdiction provided
tension of subject matter jurisdiction and joinder rules
third-party claims
claim of plaintiff against third-party defendant
counterclaim of plaintiff against third-party defendant
Rule 18(a) claim added to third-party claim
third-party defendant’s claim against plaintiff
three-step analysis under §1367
”Three-ring” analysis
generally
comparison of requirements for choosing proper court
diagram
examples of all three rings applied
Third-party claims. See Joinder of claims and parties, Rule 14
Transfer of venue. See Venue
Venue
generally
compared to other requirements
domicile test for residence
events or omissions in district
federal actions
compared to corporate citizenship under §1332(c)
corporation as defendant
general in personam jurisdiction as basis
multi-district state
specific in personam jurisdiction as basis
districts, not states
domicile, as residence
events giving rise to claim
“where the claim arose” compared
“fallback” provisions
personal jurisdiction as basis
contacts in other district in state
“residence” for venue purposes
Venue (continued)
corporations
examples
individuals
“where the claim arose”
forum non conveniens
state courts
federal courts
forum selection clause
omission as basis
purpose
removed action
reside, meaning of
residence of defendants
for venue and other purposes
§1391(b), text
§1391(c) and (d)
general in personam jurisdiction as basis
incorporation as basis
multi-district states
relation to s. 1391(a) and (b)
specialized venue provisions
patent cases
state provisions
sua sponte dismissal for improper venue
transfer of venue
District where claim “might have been brought”
example
law applied in transferred case
motion for
relation to choice of law
Schulansky case
§1404(a)
state court cases
Van Dusen case
unincorporated associations
waiver of venue objection
failure to raise in pre-answer motion or answer
forum selection clause
sua sponte dismissal for improper venue