PERSONAL JURISDICTION, SUBJECT MATTER
JURISDICTION, AND VENUE
3 JURISDICTIONAL ISSUES:
• 1) PERSONAL JURISDICTION
o Focuses on D
o D in lawsuit must have some sort of connection to location
where case is brought
o 1) Has to be from that location, OR 2) Engage in significant
amount of activity in that location, OR 3) event that occurred
was in that location
• 2) SUBJECT MATTER JURISDICTION
o 1331: Federal question jurisdiction
o 1332: Diversity jurisdiction
! a) The district cts have original jurisdiction of all civil
actions where the matter in controversy exceeds the
sum or value of $75,000, exclusive of interest and costs,
and is between
" (1) citizens of different States;
" (2) citizens of a State and citizens or subjects of a
foreign state;
" (3) citizens of different States and in which
citizens or subjects of a foreign state are
additional parties; and
" (4) a foreign state, defined in section 1603(a) of
this title, as plaintiff and citizens of a State or of
different States
! b) If P ends up recovering LESS than 75K # DC may
•
!
deny costs to P and may impose costs to P
! c) (1) Corporation= citizen of state it is 1) incorporated
AND 2) where it has principal place of business
! (2) legal rep of decedent is citizen of same state at
decedent
12(b)(1): lack of subject matter jurisdiction
o Hawkins v. Master Farms
o need to establish: 1) physical presence & 2) intent to remain
1!
!
•
To establish intent to remain, cts consider:
" where checking acct is, where clothing is, where
you own a house
" Critical importance of lawyer’s role
3) VENUE
o More than one ct that has both subject matter jurisdiction and
personal jurisdiction
o 1391
! A civil action may be brought in a judicial district where
D resides or where accident occurred
Pros/Cons to where case is heard:
• Judge’s sympathy
• Juror bias
• Fed’l judges# lifetime appt
•
•
o Move quicker, less overburdened
State judges# no lifetime appt
Convenience (state cts# many more of them versus fed’l ct)
•
Tactical advantage to win
COMPLAINT, RESPONSE, AMENDMENTS
COMPLAINT:
• Bell v. Novick Transfer
• 8(a): 3 things necessary for a complaint:
o 1) Jurisdiction
o 2) “A short and plain statement of the claim showing
the pleader is entitled to relief” (main thing)
! *Form 11 (P.178): Not much is needed
o 3) Demand for relief (injunctive relief, damages, etc)
RESPONSE:
• Two types:
o 1) Motion:
! attack summons and complaint in some way
! Ex: 12(b) motions
!
2!
!
If D does not make pre-answer motion OR ct denies
pre-answer motion# D must then ANSWER
" 7(a), 12(a)# P. 29, 37
o 2) Answer:
! 1) Deny truth of one or more allegations
" If does not know if true, may deny until finds out
" 8(b)- in responding to pleading, party must:
admit/deny allegations asserted against it by
opposing party
" 8(b)(6)# If you don’t deny allegation and
responsive pleading is required# allegation is
"
"
considered admitted
If responsive pleading is not req’d and don’t
respond to specific allegation# allegation is
considered denied/avoided
8(b)(5)#If don’t have enough info or knowledge
to form belief about truth of allegation must state
this# considered denial
!
!
2) Affirmative defense
" May assert additional things that will
partially/completely defeat P’s claim (e.g. statute
of limitations, contributory negligence)
3) Assert claim of his own
" Counterclaim
" Cross-claims
" 3rd party claims
AMENDMENTS# Federal Rules allow amendments to pleadings
•
15(a) “ct should freely amend when justice req’s”
DISCOVERY, SUMMARY JUDGMENT
DISCOVERY:
• Butler v. Rigsby
o You could demand info from people not even parties to case
• MUST get past rule 12
!
3!
•
Discovery Tools:
o 26a- Initial Disclosures (e.g. names of witnesses,
existence of docs)
! 26(b)(1): May only get evidence that is
" 1) any non-privileged matter
" 2) RELEVANT to claim/defense
! 26(b)(2)(c) Ct can limit discovery request, if:
" 1) Unreasonably cumulative, OR
" 2) Burden outweighs benefit, OR
" 3) necessary to protect from annoyance,
embarrassment, oppression, expense
! ^^ Ct has tremendous discretion to determine
! 26(c): Even relevant, unprivileged info may be
undiscoverable if party can convince ct potential for
“annoyance, embarrassment, oppression”
o 33- Interrogatories: written requests for information—each
side can write to other side demanding certain info
o 24- Production of documents
o 30- Depositions: sworn interviews, could ask other side
virtually anything, could last 8 hours, could depose anyone
o 35- Physical/mental examinations: Ex: Dodge could
demand Peters goes to doctor to get, for instance, his
shoulder assessed.
SUMMARY JUDGMENT
• 56: regulates summary judgment
• EITHER party can move for summary judgment at any stage BUT
motions will not be granted until after discovery
• Houchens v. American Home Assurance Co.: MSJ for American
granted based on the fact that it could not be proved that there was
a greater probability P’s husband’s death was caused by accident
rather than other means.
ERIE DOCTRINE:
If a case is in fed ct on diversity grounds, apply:
• 1) State substantive law
!
4!
• 2) Federal procedural law
If parties are from two different states, it is state where court is that is
deciding the case
TRIAL, JUDGMENT NOTWITHSTANDING THE VERDICT,
APPEALS
TRIAL:
Party going first bears burden of production and persuasion
• Procedures:
o P opening statement
o D opening statement
o P witnesses, D cross exams
o P rest
o D witnesses, P cross exams
o D rests
o P rebuttal witnesses, D cross examines
JUDGMENT AS A MATTER OF LAW (AKA DIRECTED VERDICT):
• 50(a): whether reasonable jury could reach verdict in favor of D.
• D is saying based on Ps evidence, everything is true, P has been
fully heard, and no reasonable jury could find for P on that issue.
o Works as a back-up to summary judgment when case has
gone through trial.
o Could move for DV when D rests (before rebuttal witnesses)
and again at the close of all evidence (after rebuttal
witnesses)
JUDGMENT NOT WITHSTANDING THE VERDICT
• 50(b): Ct is able to reconsider after jury’s decision whether jury
made right decision.
o D could move again for DV (judgment as matter of law); this
pt, judge could enter judgment not withstanding the verdict
o Hypo: If want to move for JNOV under 50(b), can you wait
until after the verdict to make a motion or must you make a
motion under rule 50(a) first?
!
5!
50(b) is a RENEWED 50(a) motion after trial.
If you don’t move under 50(a) for DV at the close of
evidence or other party’s case, you don’t have grounds
to renew motion under 50(b) b/c never made motion in
1st place.
o Norton v. Snapper Power Equipment
!
!
APPEALS:
• 1291: Appellate cts have jurisdiction over “final decisions,” not
over orders that are not final decisions
• Apex Hoisery Co. v. Leader: Ds appealed from order under 34 for
discovery/production of docs # Order is interlocutory and therefore
•
NOT appealable
FINAL JUDGMENT RULE: must be FINAL judgment before ct of
appeals can review it
o At that time, COULD appeal discovery order
o Few exceptions to this rule: (certain claims that could be
made that are subject to interlocutory appeal)
INCENTIVES TO LITIGATE: DAMAGES, SPECIFIC RELIEF,
DECLARATORY RELIEF
REMEDIES:
• 1) SPECIFIC REMEDIES- restore P directly and specifically
o Action of Replevin: ct order requiring sheriff to return item to
owner (e.g. seller mistakenly leave behind jewelry)
o Injunction: ct order commanding party to do or stop
something
o Constructive trust: preventing person from profiting from
abuse of trust
o Rescission/Cancellation/Reformation
o Accounting of D: to determine what is owed
o Quiet title/remove clouds from title: owner in possession of
land may ask for this
o Ejectment: to recover land wrongfully in possession of
another
!
6!
•
•
•
•
!
2) SUBSTITUTIONARY REMEDIES- give P reasonable substitute
o Compensatory damages
! Economic losses: Lost wages, medical expenses,
property damage, physical therapy
! Non-economic: pain and suffering (e.g. P testimony),
emotional distress (psych eval), loss of consortium
(testimony of spouse)
! Problems in measuring compensatory damages:
" There may/may not be a market for the damages
" Law’s efforts to individualize damages# does not
take into acct costs of litigation, etc.
" P is never fully compensated
! Interest on judgment depends on:
" Prejudgment interest: whether calculated from
time claim accrues, OR
" Postjudgment interest: whether calculated
during time b/w entry of judgment and moment
judgment amt is paid
" Most jurisdictions allow interest to accrue until
judgment is paid
Liquidated damages:
o Parties can agree before contractual breach for price of harm
o Actual damages must be hard to calculate
Punitive damages:
o Due Process Clause (14th Amend) may contradict punitive
damages
o Two approaches to punitive damages:
! 1) Procedural
! 2) Substantive
3) DECLARATORY RELIEF
o 57: Procedure for declaratory judgment
! Seeking declaration from judge about state of law or
existence/non-existence of rights
o Hypo: Movie operator wants to show movie and wants
declaration from judge movie is not obscene, so that when
show movie wont be prosecuted for showing film.
7!
•
4) PROVISIONAL REMEDIES: relief pending final adjudication of
the dispute
o Exist because final remedies can be too slow
o Must be granted/denied before case has been heard on merits
o Judge must make decision based on incomplete info and act
w/o full adversarial exchange that comes with trial
o 1. PRELIMINARY INJUNCTION:
! William Inglis v. ITT Continental:
! Ct denied P’s request for prelim injunction; Ps appealed
based on 1292(a)(1): Interlocutory decision
" EXCEPTION TO FINAL JUDGMENT RULE:
1292(a)(1)# CAN appeal before final judgment
on a case
! TEST:
! 1) P will suffer irreparable injury if injunctive relief is
not granted
! 2) P will probably prevail on merits
! 3) in balance equities, Ds will not be harmed more than
P is helped by injunction
" 4) granting injunction is in public interest.
! ALTERNATIVE TEST:
" If serious Qs are raised and balance of hardships
tips in favor of moving party
" NOT necessary that moving party be reasonably
certain to succeed on the merits.
" If harm that may occur to P is sufficiently serious,
only need a FAIR chance of success.
" More likelihood of success on merits
! 65(a): Preliminary Injunction
" 1) Notice must be given to adverse party
" 2) Ct may advance trial on merits and consolidate
it with the hearing on a motion for a prelim
injunction
o 2. ATTACHMENT:
! Seizure of property
!
8!
Fuentes v. Shevin: Anyone with SIGNIFICANT
PROPERTY INTEREST has rt to notice and opp to
be heard at a “meaningful time and in a
meaningful manner” before deprivation of prop.
o 3. GARNISHMENT:
! Asking 3rd party (e.g. Ds bank/employer) not to pay D
money due him b/c P has claim on it
o 4. TEMP RESTRAINING ORDER:
! 65: relief for short period of time (expires after 2
weeks)
! Can be issued ex-parte (without notice of other side)
! Justifications:
" 1) if impossible to notify other side
" 2) if possibility other side will frustrate goals of
temp restraining order if on notice (e.g. battered
woman)
" 3)
! Difference b/w TRO and prelim injunction:
" TRO stays in effect for 14 days only until parties
can get ruling on prelim injunction
" Prelim injunction remains until merits of case are
decided
INGLIS vs. FUENTES
• INGLIS: when a prelim injunction is appropriate
o Ct says must look at likelihood of P prevailing on merits AND
balance of hardships
o When you have serious harm, you need to show only fair
• FUENTES: how much notice is req’d before you can get prelim
remedy (writ of replevin in this case)
o Need to have notice/opportunity to be heard in reasonable
manner
o Does not address whether preliminary remedy sought there
was appropriate—writ of replevin (Q Inglis discusses)
o If you look at balance of hardships in this case, Firestone
loses one of millions of stoves; Fuentes loses the ONLY stove
she has (Fuentes has real hardship)
"
!
9!