The 7th Amendment preserves the right to a jury trial in “civil actions at law,” but not in suits at: _____.
Equity.
What are the 5 requirements for issue preclusion?
- Case 1 ended in valid, final judgment on the merits;
- Same issue was litigated and determined in case 1;
- Issue litigated was essential to the judgment in case 1;
- Used against someone who was a party to case 1 or in privity with a party;
- Used by someone who was a party in case 1 OR:
5a. If by someone who was NOT a party to case 1:
- D using issue preclusion: ok!
- P using issue preclusion: fairness factors!:
– full opp to litigate;
– strong incentive to litigate
– whether party asserting preclusion could have easily joined in case 1;
– no inconsistent findings on the issue
3 requirements for claim preclusion?
- Same P against same D (same configuration!)
- Valid, final judgment on the merits
- “same claim”
Personal Jurisdiction analysis steps?
- Statutory (long-arm):
- D present is forum state at time of service; or
- D domiciled in the forum state; or
- D given express or implied consent to jdxn;
- meets requirements of long-arm statute. - Constitutional (SUFFICIENT MINIMUM CONTACTS):
- Contacts
- D purposefully availed herself of forum state’s laws;
- D knew or reasonably should have anticipated that her acts in forum state subject her to state’s jdxn; - Relatedness
- If claim related to D’s contact, specific jdxn;
- If claim unrelated to D’s contact, need general jdxn (must be “at home” in the state) - Fairness
- whether forum is “so gravely difficult and inconvenient” that D is at severe disadvantage
- forum state’s legit interests in providing redress to its residents
- P’s interests
A party may use supplemental jdxn to have his claim heard in federal court if the claim meets the _____________ test UNLESS the claim:
“same nucleus of operative fact”;
UNLESS claim is:
1. asserted by P
2. in a diversity case
3. AND is asserted against a citizen of the same state as plaintiff
Plaintiff may lay venue in any district where:
- All Ds reside; OR
- a substantial part of the claim arose or a substantial part of the property involved in the lawsuit is located (can be more than one place)
For removed cased, venue is proper:
in the federal district embracing the state court where the action was filed
- If transfer is based on convenience, the law of the (TRANSFEROR/TRANSFEREE) court applies;
- If transfer is based on improper venue, the law of the (TRANSFEROR/TRANSFEREE) court applies.
- Transferor
- Transferee
Process consists of what 2 docs?
- Summons
- Complaint
When must process be served?
Within 90 days of filing the action
How can process be served?
- Personal service
- Anywhere - Substituted service
- at D’s usual abode on someone of suitable age and discretion who resides there - Service on agent
- must be within scope of agency
- can be used even if personal service is possible - State law methods
- state where fed ct sits
- state where service is to be made
When is waiver of service of process effective?
When P files D’s returned waiver with the court.
What is the penalty for failing to waive service?
D must pay cost of service if D had no good cause for failing to return waiver form
What is alienage jurisdiction?
Case between citizen of U.S. state and a citizen of a foreign country
When is diversity of citizenship determined?
At time of filing of the case.
What is the citizenship of an unincorporated association (partnership, LLC, etc.)?
All states where any member or partner is a citizen.
Where is the citizenship of decedents, minors, and incompetents?
The citizenship of the decedent, minor, or incompetent, NOT any representative.
How does claim aggregation work for the amount in controversy requirement of diversity cases?
Any single P may aggregate all claims against any single D.
Multiple Ps CANNOT do this.
The claims do NOT have to be related in any way.
How is amount in controversy handled for joint claims?
Look to total value of claim for joint claims.
This is not aggregation - we aren’t adding anything!
How to determine amount in controversy for equitable relief claims?
Two tests, can satisfy either:
- P’s viewpoint. Value >$75K?
- D’s viewpoint. Cost >$75K?
Even if diversity jdxn exists, federal courts decline these “excluded” cases:
- divorce
- alimony
- child custody
- actions to probate estate
Can P create diversity by changing state citizenship after COA accrued but before suit is filed?
Yes.
Standard for removal from state to federal court?
The case filed in state court could have been brought in federal court originally.
Time for removal?
No later than 30 days after service.
