After jurisdiction is determined: VENUE
A
Federal Court needs
both Subject Matter and
Personal JDX
SMJ:
Cannot be waived
Can be enacted any time
Judgement thrown out if
lack of SMJ is found
Personal Jurisdiction?
Yes?
Subject Matter
Jurisdiction?
California: full extent
Other States: various limitations
All: non-resident motorist statute
or
Does the state have a
personal jurisdiction statute?
In Rem
Jurisdiction
(against the
thing)
Must
Satisfy 3
requirements
Federal
Question
Diversity
Jurisdiction
28 USC 1331
28 USC 1332
In Personam
(against the
person)
or
Pennoyer
Traditional
Must
Satisfy
Both
Well pleaded
complaint on the
face of the issue
Amount in
controversy
exceeds $75,000?
AND
AND
federal issue is a
substantial
component of the
complainant's claim
STOP
no
jdx
No
Total Diversity?
Quasi In Rem
Jurisdiction
dead in
Shaffer
Tag
Jurisdiction
Suit related to
property in the state
and
Burnham
case shows
this is still
valid
According to
Shaffer , still need to
apply International
Shoe minimum
contacts standard.
Agent of D
receives
service
D
consents
D
waivers
No?
Modern
must have already
been in the state and
not brought there by
fraud or trick
International Shoe
2 Prong Test
or
General
Jurisdiction
Specific Jurisdiction
AND
complaint is of
significant federal
interest
If yes to all 3,
subject matter jurisdiction
satisfied,
move to personal jurisdiction.
Traditional notions of
fair play and
substantial justice
should be discussed.
Not enough
for
Personal
JDX
1st Prong: Minimum
Contacts
Yes
If yes to both,
subject matter jurisdiction
satisfied,
move to personal jurisdiction.
D domiciled
in state
D is a Corporation
28 USC 1332(c)
can be >1 place
"Systemic and
continuous"
RARE: Corporation's
connections with the
state are so SAC, they
are basically at home.
Goodyear shuts this
down, very unlikely a
court will rule this way.
Place of
Incorporation
Claim arises from
activity in the
state?
D is a person
28 USC 1332(a)
only 1 place
Benefit &
Responsibility
of the law
Hanson
PPOB/HQ
or
"nerve
center test"
Placewhere
the
corporation's
high level
officers
control the
corp.'s
activities.
(Hertz)
Reside/live
Nicastro Test
-IntentMucho
disagreements
Personal
JDX
Stream of
Commerce
considerations
Purposeful
Availment?
Personal
JDX
Hanson
AND
Abdouch
sliding scale
internet test
2nd Prong: Fair and
Reasonable
Intent to
remain
indefinitely
5 Considerations from
World Wide
Volkswagen
Plaintiff's
Interest?
Traditional notions of
fair play and substantial
justice should be
discussed.
AND
Cost to courts
of bouncing
around? etc
Burden on
D?
BOP on D to
show
unconstitutional
inconvenience
Interstate
efficiency?
Usually:
Protect
residents of
state
Foreseeable that
product could end up in
the state & product
causes injury
Discuss... this is a balancing act, not check list
Substantive
policy
concerns?
Is someone
taking
advantage of the
court system?
Forum
state's
Interest?
Usually
Convenience;
look at #s of
plaintiffs from
state
Company targets state
for business (ads, sales
people) & product
causes injury
Interactive and exists
for commercial
purposes
sliding scale
Not enough
for
Personal
JDX
Not interactive, simply
displays information