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1. General Notes
Civil Procedure - September 04, 2008
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Pennoyer v. Neff Issue: Personal Jurisdiction When the word appears alone usually means subject matter jurisdiction Sometimes can institute the word power for jurisdiction John Mitchell sued Neff for attorney fees because Neff hired him to file some title docs on land When Neff did not pay Mitchell sued for breach of contract Neff did not get notice as he did not live there Background: Mitchell got judgment with writ of attachment o Writ is an order (summons, injunctions)
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Pennoyer bought land and was very settled for some time Neff came and wanted land back Second lawsuit is Neff suing Pennoyer for title of the land Pennoyer bought land from sherrif sale but Neff is claiming judgment and sale was bad because did not have juridiction due to lack of notice. KEY ISSUE: Personal Jurisdiction Amenability (subject to be served) o Responsible; subject to answer in a court of justice liable to punishment Notice (served) o They have to actually get notice o In rare cases can do publication notice if cannot reach the person o Subject to jurisdiction once given notice Decision: SC states that Neff must be in the forum state to get notice o Have to be served personally (usually handed, threw and hit in head) o THIS CASE WAS A IMPERSONUM JURISDICTION and therefore did not get notice and no jurisdiction Once the judgment is enforceable (ex. 10,000) everywhere in United States (due to full faith and credit) Impersonum Jurisdiction Sue for personal issue Courts jurisdiction over a particular person Requires in person notice
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Judgment good everywhere! Corporation could serve an agent In rem True in rem case have to give notice to everyone usually about property not people Name of the property not the people Jurisdiction in rem (Latin, power about or against "the thing") is a legal term describing the power a court may exercise over property Judgment good in forum state only Quasi in Rem Jurisdiction A quasi in rem action is commonly used when jurisdiction over the defendant is unobtainable due to his/her absence from the state. Any judgment will affect only the property seized, as in personam jurisdiction is unobtainable. Personal lawsuit usually contract issues or torts Judgment good in forum state only
← ← This case is key because with 14th Amendment passed the three previous jurisdiction rules were common law widely spread and rule broken all of the time. SC decided to tie it to the 14th amendment to apply it to all of the states. ← • 14th Amendment is just a limit that the state cannot exceed, however always have to look to state statutes for jurisdiction… power comes from state ← ← NOTES: • Blackmer v. US …SC upholds Pennoyer o Blackmer creates exception states that US citizen that does not reside in US can be sued here does not matter so long as you given notice. • Miliken v. Meyer o State has power to subject its own citizens to jurisdiction o Cannot to non citizens unless served in forum state (d/n have to live there) ←
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Hess v. Pawloski Car wreck in MA between PA person and MA person Implied Consent: states can write a law that states when you do this you have implied consent Take summons and serve it in registrars of motors…sent to PA… official in PA sends in by mail to persons address then person has notice ISSUE: IS THIS OK??? SC stated yes this is ok!!! Hess upholds Pennoyer International Shoe v. Washington
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Washington State Law o You can be served notice by certified mail Due Process o Hand it to them in the state (Pennoyer) o Issue: (1) whether, within the limitations of the due process clause of the Fourteenth Amendment, appellant, a Delaware corporation, has by its activities in the State of Washington rendered itself amenable to proceedings in the courts of that state to recover unpaid contributions to the state unemployment compensation fund exacted by state statutes, Washington Unemployment Compensation Act, Washington Revised Statutes, s 9998-103a through s 9998-123a, 1941 Supp., and (2) whether the state can exact those contributions consistently with the due process clause of the Fourteenth Amendment. Background: Int’l show trying to get out of paying unemployment benefits Has people in other states taking orders claims that since taking no orders or no site in Washington do not have to pay Rule: Presence since corp is a fiction can only be from action so f it s agents to satisy due process. Court applies IMpliecent ocndent from its presence in the state to the states laws
bank person in Delw claiming that Fl court does not have juridisdiction Court found that he did not have contacts to Florida NOT SUBJECT TO JURISDICTION BECASE HE DID NOT: ..everything was there except for the mine o Applied continious and systematic contacts o Substantial presence in a state even though not a citizen and event did not happen there subject to jurisidiction o Have to have a lot of contacts o Non residents of texas really from New York and something happens in New York can they be sued here Hansen v.. Denckla ← ← ← • • • • • • Old lady money trust in Delaware Moved to Florida and changed will cut off couple of daughters Daughters want the trust after she dies Question goes to Supreme Court to decide minimum contacts. Mining (1952): ← ← ← • General Jurisdiction: TEST: Continous and Systematic COntacts o What Ohio had over Benget Mining.• • The court overrules Pennoyer but not entirely …overrules the impersona portion of the case and gives us new test Minimum Contacts: o Such that Systematic and continuous Obligation arose out of D’s activity in forum state Traditional notions of fair play and substantial justice Perkins v.
Klingbiel. To manufacture and knowledge that it is being used elsewhere court states that is enough (OK under Ill law) . The Supreme Court. of Comm. Allen Ashcraft. American Radiator Illinois State Law o Operation of a Long Arm Statute o Suit by an Illinois resident for injuries sustained when a water heater allegedly exploded. a foreign corporation. J. dismissed both the complaint and the cross-claim and the plintiff appealed. The Circuit Court. o Rule: Court comes up with term “STREAM OF COMMERCE” o If a defendant places their product in St... wherein one defendant. J. which manufactured in Ohio a safety value incorporated in Pennsylvania in the hot water heater which was sold to a consumer in Illinois. Cook County. was subject to the jurisdiction of the Illinois court after service of summons was made upon its registered agent in Ohio.• • o Purposefully availed himself to the benefits and protections of Florida law Purposeful Availment: o Ex. that driver from RI in Mass drove in Mass and assumed the laws and benefits of that state Specific Jurisdiction: o First case test is Hansen o Purposefully availed himself to the benefits and protections of Florida law o Mcgee case states you need just one contact o Test for contacts is qualitative and not quantitative o Non residents whom did something in the forum to give lawsuit o TEST: STREAM OF COMMERCE o Foreseeablity o Reasonable anticipation of being haled into court At this time Due Process is International Shoe ← ← ← ← • ← • Gray v. held that the foreign corporation. moved for dismissal of the complaint and the cross-claim filed against it..
mere fortuitous circumstance that a single automobile sold in New York to New York residents happened to suffer an accident while passing through Oklahoma constituted "minimum contacts" with Oklahoma so as to permit Oklahoma courts to exercise jurisdiction consistently with due process? ← • . defendant suing trail judge.. As they passed through OK another car struck their Audi in the rear. ← ← ← Relevant Facts: Resp. automobile wholesaler and retailer. purchases a new Audi from Pet. causing a fire which severely burned Resp’s wife and two children. Woodson (1980) Mandamous Case: like an appeal. who carried on no activity whatsoever in Oklahoma and availed themselves of no privileges or benefits of Oklahoma law. (Illinois) 1) Power of that state to enter judgment depends on: • whether party has minimum contact with the State • nd reasonable method of notification Court finds that volume of business is not the method of defining “minimum contacts” • Instead use the work act has SUBSTNTIAL connection with the State of forum ← ← ← • ← • Case is maybe Specific Jurisdiction o TWO OTHER TESTS: Forseeability Reasonable Anticipation Volkswagen Corp v. The following year they left NY for a new home in AZ.apeal during the case filed in the supreme court of the state to make the judge change his ruling.o Due Process: Stream of Commerce no contacts but place it in the stream Court found that in law the place of a wrong is wher eth elast event take place which renders the actor liable. Seaway Volkswagon in NY.. ← ← Legal Issue(s): Whether corporate Dfs.
or relations w/ the State of OK. ← ← Respondent’s Argument: The mobility of the auto with the nature of the Pet’s business creates a situation where it is foreseeable that the product would enter the stream of commerce. agents. State court may exercise personal jurisdiction over nonresident defendant only so long as there exist "minimum contacts" between defendant and forum state. has no sales. Petitioners carry on no activity in OK whatsoever. there. Foreseeability alone has never been a sufficient benchmark for personal jurisdiction under the D. salesmen. If the sale of a product is not simply an isolated occurrence. Reversed ← ← Law or Rule(s): Due process clause of Fourteenth Amendment limits power of state court to render valid personal judgment against nonresident defendant. P. OK. ties. ← . Financial benefits accruing from collateral relations will not support jurisdiction if they do not stem fro a Constitutionally cognizable contact w/ the State. They avail themselves of none of the privileges and benefits of Ok law. but the mere unilateral activity of those who claim some relationship w/ a nonresident df cannot satisfy the requirement of contact with the forum state. or retail offices. They solicit no business there either through salespersons or advertising. They close no sales and perform no service there. ← ← Petitioner’s Argument: The Petitioner does not do business in OK.← Court’s Holding: No ← ← Procedure: Tr ct ruling for Resp. It is foreseeable that autos sold by WWV and Seaway may take them to OK. Pet does not have any contact with OK at all. ← ← Court Rationale: The record has a total absence of those affiliating circumstances that are a necessary predicate to any exercise of state-court jurisdiction. it is not unreasonable to subject it to suit in one of those States if its allegedly defective merchandise has there been the source of injury. Ok S. Pets appealed. But foreseeability applies to a dfs conduct and connection w/ the forum State such that he should reasonably anticipate being haled into ct. Ct denied appeal by Pet. Pet have no contact.
" The Due Process Clause "does not contemplate that a state may make binding a judgment in personam against an individual or corporate defendant with which the state has no contacts. and the relationship between the defendant and the forum must be such that it is "reasonable . v.← DISSENT: The interest of the forum State and its connection to the litigation is strong. ties. The accident occurred in OK. and the trial can proceed at least as efficiently in OK as anywhere else. Each sold the auto which in fact was driven in OK where it was involved in an accident. The Pl were hospitalized in OK when they brought suit. The petitioners are not unconnected with the forum state. . Essential witnesses and evidence were in OK.” ← ← Sub-Notes on Rule: ← ← A state court may exercise personal jurisdiction over a nonresident defendant only so long as there exist "minimum contacts" between the defendant and the forum State. The State has a legitimate interest in enforcing its laws designed to keep its highway system safe. or relations. Ruzewicz ← ← Facts ← . but the dealer actually intends that the purchasers will use the automobiles to travel to distant States where the dealer does not directly “do business. ." ← ← Test from VW Case ← ← Specific Jurisdiction: (minimum contacts test) • Activity in forum gives rise to the action o Foreseeability – great for tort case Foresee harm or injury in forum state o Purposefully availing – great for contract cases o Reasonable anticipation of being hailed into court – great for tort case o Stream of commerce – passive defendant whom did nothing in forum state (narrow products liability) ← ← ← ← ← Burger King Corp. The defendant's contacts with the forum State must be such that maintenance of the suit does not offend traditional notions of fair play and substantial justice. to require the corporation to defend the particular suit which is brought there. It is not that the dealer foresees that they will move.
The United States Court of Appeals for the Eleventh Circuit reversed the lower court's decision finding that even though the defendants had minimum contacts with Florida. One of the defendants also attended training courses at regional Burger King University locations and in the Florida headquarters on how to run a Burger King franchise. to exercise jurisdiction over the defendants would be fundamentally unfair and thus violate the due process clause of the Fourteenth Amendment. prompting the Florida-based corporation to file a lawsuit in Florida for breach of contract and tortious infringement of Burger King's trademarks and servicemarks through the defendants' unauthorized operation as a Burger King restaurant after the defendants received notice to vacate the premises. ← ← NOTES: • Court found that he purposefully availed himself to Fl law. subject to jurisdiction there. and it violates the due process clause to require a small businessman in Michigan to have to make an appearance in a court in Florida to present his defense. . The defendants were unable to make their monthly payments to Burger King. Justice John Paul Stevens argued that Rudzewicz had never been to Florida and had no business established in Florida.← Two Michigan residents (John Rudzewicz and Brian MacShara. Burger King then appealed to the Supreme Court. the defendants) entered into an agreement with Burger King to run a franchise. ← ←  Holding ← ← The Supreme Court concluded that the defendants purposefully availed themselves of the protections of the forum state (Florida) and were. The Court reasoned that the defendants had a "substantial and continuing" relationship with Burger King in Florida and that due process would not be violated because the defendants should have reasonably anticipated being summoned into court in Florida for breach of contract. ← ←  Dissent ← ← In dissent. ← ←  Procedure ← ← The District Court held that Florida had jurisdiction because of a statute that allowed the state to extend jurisdiction to anyone breaching a contract within the state. The two defendants would pay their franchise fees and royalties to Burger King's Florida headquarters. Rudzewicz could not have anticipated being summoned into court in Florida. therefore.
better for FL courts to apply FL law 4) Other states’ interest if FL has laws out of the mainstream could be a reason if can show all of these other states that differ from FL law.• • • o Because of the terms of the contract signed o Agreed to choice of law clause We agree to be governed by Fl law when get in lawsuit going to apply FL law wherever we get sued.. Difference between choice of law and choice of forum clause • Forum clause sets the forum in which the lawsuit will occur. Court found that choice of law is relevant and by entering the contract and has FL choice of law clause you have purposefully availed yourself of the FL law. 2) Plaintiff’s Interest convient and effective relief. physical evidence location. ability to subpoena witnesses’. if tied usually go with plaintiff 3) Interest of forum state Legislative branch helps determine public policy. best evidence of state interest is Florida statutes. o IF GIVEN LAWSUIT WHERE WOULD BE THE FIRST PLACE TO LOOK: Traditional Bases: Resident of the forum state Consent • Express – choice of forum clase • Implied (Hess v. Significantly different. Stream of Commerce did not apply FAIR PLAY AND SUBSTANTIAL JUSTICE TEST o Factors: (balancing test) 1) Burden on defendant economic. 5) Judicial Systems Interest if all other factors are equal lets pick a fair site and not burden the overall system. • Two kinds of forum clause o Mandatory choice of forum o Discretionary clause that parties agree that lawsuit MAYBE in Florida but not the only place. Poloski drive into state) . same type of burden as above.
Caddy ← ← Background: Operator of “Pebble Beach” golf resort brought trademark infringement and trademark dilution action against operator of a British bed and breakfast. which consisted of one trip to Texas by corporation's chief executive officer for purpose of negotiating transportation services contract.when you fail to object in time Served personally in forum state If none of the these apply then you go to Minimum Contacts test o Asahi Metal v. reversed. were insufficient to satisfy requirements of due process clause of the Fourteenth Amendment and hence to allow Texas court to assert in personam jurisdiction over corporation in wrongful death action. The Texas Supreme Court. granted defendant's motion to dismiss for lack of personal jurisdiction. The Texas Court of Civil Appeals.2d 870. Hall ← ← Wrongful death action was instituted in a Texas state court against a Colombian corporation and others.2d 247. ← ← Justice Brennan dissented and filed an opinion.W. 638 S. Hamilton. Certiorari was granted. v. Heard. and plaintiff appealed. Phyllis J. ← ← ← Holdings: The Court of Appeals. Corporation appealed. Justice Blackmun. Harris County. ← ← ← Pebble Beach CO. Superior Court • ← ← Helioteros v. and purchases of helicopters and equipment from Texas manufacturer and related training trips. The United States District Court for the Northern District of California. held that: . Trott. Wyatt H. ← • • ← Waiver.. acceptance of checks drawn on Texas bank. The Supreme Court. the District Court. reversed and dismissed case for lack of jurisdiction. ← ← Texas Supreme Court judgment reversed. held that Colombian corporation's contacts with Texas. entered judgment against corporation on a jury verdict in favor of plaintiffs. and plaintiffs appealed. J. Circuit Judge. Denying Colombian corporation's motion to dismiss actions for lack of in personam jurisdiction over it. J.W.. 616 S.
← (1) defendant's use of “Pebble Beach” in passive website advertising his services and in the website's domain name were not acts aimed at the state of California.The court's authority over a person or parties to a law suit. The mere fact that you have a contact does not create jurisdiction you have to go to the second test . that such conduct could give rise to litigation in that forum. and thus were insufficient to subject him to personal jurisdiction there. or could reasonably expect. PERSONAL JURISDICTION . whereby the court determines whether the defendant intentionally conducted activities in the forum and thus knows. PURPOSEFUL AVAILMENT .The minimum degree of contact necessary in order to sustain a cause of action within a particular forum. and ← (2) defendant's acts were insufficient to subject him to personal jurisdiction under the federal long-arm rule.An element in determining whether a defendant had the required minimum contacts in a forum necessary in order for a court to exercise jurisdiction over the party. ← • Personal jurisidiction o Caddy states no personal jurisidiction if the exercise of that juridiction does not violate federal due process • 3 Part Test: o D performed some act or some trasction within the forum or purposefully availed himself of the provilges in the forum o Claim arirses out of or result from defencets forum related activites o Exercise of jurisdiction is reasonable ← ← • Availment is actually two pronged: Purposeful Avaliment and/or Purposeful Direction ← ← Tyler v. ← ← Affirmed. consistent with the requirements of due process. Court of Registration ← ← QUICKNOTES MINIMUM CONTACTS .
Actual Notice = bad service Ex.1. negihbor to give to person. Notes Civil Procedure . 2.1.2. Service Of Process 2.2.1..September 11. Substituted Service 2. 2008 Can service to a corp permitting the delivery of process to an officer or director of the corporation or agent of serving process. Notes Civil Procedure . Service On Corporations 2. .October 21.what if gave to neighbor but he never recieved it even though got substitute service it is good service but court will probably have new trial once he objects.In Burger King they find a contact and what we get is a balancing As well as importance of the choice of law clause Civil Procedure . Matter Juris Ch 5: Venue Ch 6: What law applies 2. 2008 Ch 2: Personal Jurisdiction Ch 3: Notice Ch 4: Sub. 2008 Have to make three good faith attempts and then get substitute service (get to name someone else employer.1.September 11.
substituted service 4.talks about Waiver. Request For Rule of Law Specific Applications of the Service Provisions. Civ. Notes Civil Procedure .Personal notice 2.service on sutitable age reisidng in same home Rule 4(e)(2)(b) Permits service process to be made upon an individual by leaving a copy of the summons and complait at his "dwelling or usual placce of abode with someone of suitable age and discretion who resides there.u return this and you have effictvly waived service of process.3.you send a copy of the suit and a waiver form. Case Briefs Course: Case Name: Case Date: Citation: Jurisdiction: Judge: Book Page: Last Update: Legal Concepts: Civil Procedure MD State Firemans Assoc v. (Godo thing saves money and time) THE MERE FACT THAT THEY RECIEVED THE WAIVER DOES NOT MEAN THAT THEY GOT NOTICE.. 4(d)2 . 2008 1.1. Mere receipt of a request for waiver of service does not give rise to any obligation to answer the lawsuit and does not provide a basis for default judgment. Waiver 4(d)2 3.. no service but filed the suit. (Maryland State Firemen's Association v.2.P. If you fail to return this we will send service person.September 11. Mechanics of Giving Notice 3. . 3. Chaves) Fed R. Chaves 199 9/11/2008 7:33:39 PM Mechanics of Giving Notice Jurisdiction Over The Parties / Personal Jurisdiction / In Personam Jurisdiction/Federal Actions/Waiver Of Formal Service.
September 11. Letters Rogatory . will get sent through the correct channels to be served. 4. Notes Civil Procedure .old common law method . 2008 .general process go to local court and get judge to sign writteen letter from your judge to that judge in that country and they will generall serve process 5.1..1.September 11.(international court of justice) . 2. 2008 First thing could send a waiver 4(d)(2) Maybe they come tot he US from time to time you can serve them here mailed abroad might be good but the key thing the book states is: 1.she comes out and gives service (good service) Rule 4(e)(2)(b) Permits service process to be made upon an individual by leaving a copy of the summons and complait at his "dwelling or usual placce of abode with someone of suitable age and discretion who resides there. return of service 5.Issue What was the problem of giving service? Facts Holding Notes Rule 4(e) Process server yells fire.it is a means of complying with foreign law so you dont have to send your person across seas and possibly he get arrested. service on people of foreign countries 4.. Notes Civil Procedure . The Hauge Convention .
(National Equipment Rental. The printed lease provided that Szukhent (D) designated Weinberg as agent to accept service of process in New York. Szukhent 9/11/2008 7:34:46 PM Service of an Agent Delivery to an Agent Authorized by Appointment. 6. When National (P) commenced this action on the lease. Holding . Weinberg was served. Ltd. who is designated by a party to a private contract to act as agent to receive service of process who is unknown to the party and is not expressly required to transmit notice to the party.. V.the did not even try and serve just threw it into the sewer but filed something with the court with return of service stating that it was served. an agent authorized by appointment? Facts FACT SUMMARY: Szukhent (D) leased farm equipment from National (P). Case Briefs Course: Case Name: Case Date: Citation: Jurisdiction: Judge: Book Page: Last Update: Legal Concepts: Rule of Law Civil Procedure National Equip Rental v. Ruling was that you have to trust the thing in the record . and she mailed the summons to Szukhent (D). Szukhent) Issue ISSUE: Is a person. A party to a private contract may appoint an agent to receive service of process where the agent is not personally known to the party and is not expressly required to transmit notice to the party but does promptly accept and transmit notice..1. Service of an Agent 6.
in fact. Parties to a contract may agree in advance to submit to the jurisdiction of a given court. An agent with such limited authority can in no meaningful sense be deemed to have an interest antagonistic to Szukhent (D). or to waive notice altogether. (Shaffer v. Weinberg's prompt acceptance and transmittal to Szukhent (D) of the summons and complaint was sufficient to validate the agency even though there was no explicit requirement that she do so. Here. prompt notice to Szukhent (D) having been given. Based On 7.1. the purpose underlying the provision designating Weinberg was to assure that any litigation under the lease would be conducted in New York. Heitner) . 4(e)(2). Jurisdiction Based Upon Power over Property. Reversed and remanded.DECISION: (Stewart. Notes You can contract away your agent for service of process.1. to permit notice to be served by the opposing party. receive timely and complete notice. H OLDING AND 7.1. Further. R. Ownership Of Property. Here. the fact that Szukhent (D) did not know her is irrelevant. J. P. 2008 Shaffer v.September 09. Weinberg was appointed Szukhent's (D) agent for the single purpose of receiving service of process. Hence.) Yes. Jurisdiction cannot be founded on prop-erty within a state unless there are sufficient contacts within the meaning of the test developed in International Shoe. Notes Civil Procedure . Jurisdiction Over The Parties / Personal Jurisdiction / In Personam Jurisdiction 7. Weinberg was his agent authorized by appointment to receive process within the meaning of Fed. Civ. This case does not involve a due process problem since Szukhent (D) did. Heitner: 1.
2.2. Chaves) Fed R.1. Long Arm (Forum State Law sets standard) 2. Amenability To Suit 126.96.36.199. Limited by Due Process 7. 4(d)2 . Request For 7. Waiver Of Formal Service. Civ.1. Notes Civil Procedure . . 2008 1.2.2. Chaves 199 9/11/2008 7:33:39 PM Mechanics of Giving Notice Jurisdiction Over The Parties / Personal Jurisdiction / In Personam Jurisdiction/Federal Actions/Waiver Of Formal Service. Superior Court (DO!!!) Carnival Cruise Lines (DO!!) 7. Case Briefs Course: Case Name: Case Date: Citation: Jurisdiction: Judge: Book Page: Last Update: Legal Concepts: Civil Procedure MD State Firemans Assoc v. Mere receipt of a request for waiver of service does not give rise to any obligation to answer the lawsuit and does not provide a basis for default judgment.P.talks about Waiver. Request For Rule of Law Specific Applications of the Service Provisions.Burnham v.September 11. Federal Actions 7.1.2. (Maryland State Firemen's Association v.
September 11. (Godo thing saves money and time) THE MERE FACT THAT THEY RECIEVED THE WAIVER DOES NOT MEAN THAT THEY GOT NOTICE..September 09.3. 2008 See Mulane brief Blancing Test Civil Procedure . Forum law .1.1. Issue What was the problem of giving service? Facts Holding Notes Rule 4(e) Process server yells fire.no service but filed the suit. Notice And Opportunity To Be Heard 8.1. Notice Requirement 8. If you fail to return this we will send service person. 2008 1.you send a copy of the suit and a waiver form.. Generally 8.. Notes Civil Procedure .she comes out and gives service (good service) Rule 4(e)(2)(b) Permits service process to be made upon an individual by leaving a copy of the summons and complait at his "dwelling or usual placce of abode with someone of suitable age and discretion who resides there. Corporations.u return this and you have effictvly waived service of process. 7.
). Notes Civil Procedure .2. Adams.S.2. Publication 8. b. There. the Court simply relied on a state's interest in "providing means to close trusts that exist by the grace of its laws …" This indicates that old distinctions between the notice required in in personam actions and that required in in rem actions are dying out.September 09. better. and the availability of names and addresses of beneficiaries. the Mullane "reasonableness in view of all the circumstances" test seems not to have been followed in the case of Mennonite Board of Missions v." Instead. Holding: The Court held that the expense of notification by mail. Reasonableness standard: "The means [of notice] employed must be such as one desirous of actually informing the absentee might reasonably adopt to accomplish it. Adams: Public notification of sale of real property due to mortagee not paying taxes. were factors that could be taken into account in determining whether publication was sufficient notice." But this may be limited by reasonable considerations of economy. 462 U. Basis for jurisdiction not stated: Mullane. i.1.2. must be used. if its name and address are "reasonably ascertainable.g. availability of other. notification methods. importance of proceedings. the standard is becoming one of general reasonableness in view of all the circumstances (e. etc. Similarly. Limited by Due Process 8. Instead. Court held that publication is not enough to give notice but must be supplemented by notice mailes to the mortgagees las tknown avalible address. notice by mail or other means equally likely to insure actual notice.1. or by perosnal service. 791 (1983). . Instead.1. the Court held that publication notice will not suffice as to any party having any liberty or property interest in the controversy. in determining what constituted reasonable notice. 2008 c. declined to determine whether the case was in rem or in personam. Note Case: Mennonite Board of Missions v. cost.
A. notice by mail or other personalized means must be used. but if. and must afford a reasonable time for those interested to make their appearance.C.S. U. Issue ISSUE: Is notice by publication sufficient to satisfy due process challenges where the parties to be informed reside out of state and an alternative means. and the notice must be of such nature that it reasonably conveys the required information. Const.2. notice must be by means calculated to inform the desired parties. Hanover 1950 Jackson 9/11/2008 7:07:24 PM Notice And Opportunity To Be Heard/Notice Requirement/Publication RULE OF LAW: In order to satisfy due process challenges. but only as a very general principle.1. with due regard for practicalities and peculiarities of the case. notice by publication is insufficient. 8. 14.Amend.2. better calculated to give actual notice. In the "reasonably ascertainable" situation. is available? . those conditions are reasonably met. A fundamental requirement of due process of law in any proceeding which is to be accorded finality is notice reasonably calculated under all the circumstances to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections. the constitutional requirements are satisfied. even if its cost is very high relative to the interest at stake. Case Briefs Course: Case Name: Case Date: Citation: Jurisdiction: Judge: Book Page: Last Update: Legal Concepts: Rule of Law Civil Procedure Mullane v. and. Summary: So the Mullane "reasonableness" test probably survives today. That general principle is overridden by the more specific rule that publication notice will not be enough as to any party with an interest in the controversy whose name and address are reasonably ascertainable. where they reside outside of the state and their names and addresses are available.OVERALL REGARDING PUBLICATION: b.
better calculated to give actual notice. A guardian was appointed to protect the interests of principal and income beneficiaries. However. Once approved by the court. it must also provide beneficiaries with adequate notice so that their rights to contest the accounting are not lost. if at all possible. Therefore. This allowed more efficient and economical administration of the funds.Facts A New York statute allowed corporate trustees to pool the assets of numerous small trusts administered by them. then publication is the most viable alternate means available for giving notice. publication is permissible. be deprived of property without due process of law. their claims would be barred. because under the circumstances. it is not readily calculated to reach those who could easily be informed by other means at hand. The purpose of a notice requirement is to inform parties that their rights are being affected. Notice of the common fund was sent to all interested parties along with the relevant portions of the statute. Since publication to known beneficiaries is ineffective. Reversed. J. Each participating trust shared ratably in the common fund. Beneficiaries were to be notified of the accounting so that they might object to any irregularities in the administration of the common fund. Mullane's (D) objections were overruled in state courts and the prese Holding (Jackson. In cases where the identity or whereabouts of beneficiaries or future interest holders is unknown. These parties have. Notice in a New York legal paper is not reasonably calculated to provide out-of-state residents with the desired information. losses. A periodic accounting of profits. Where alternative methods. publication is an impermissible means of providing notice. not because it. He objected to the sufficiency of the statutory notice provisions claiming that they violated the Due Process Clause of the Fourteenth Amendment. the statutory requirement violates the Due Process Clause of the Fourteenth Amendment. especially with regard to out-of-state beneficiaries. the court will approve its use where alternative methods are not reasonably possible or practical. Publication is only a supplemental method of giving notice.) No. Central Hanover Bank (P) established a common fund by consolidating the corpus of 113 separate trusts under their control. Notice of accountings was by publication in a local New York newspaper. Mullane (D) was the appointed guardian for all parties known and unknown who had an interest in the trust's income. be reasonably designed to accomplish this end. are available. but. While the state has a right to discharge trustees of their liabilities through the acceptance of their accounting. . Notice by publication was not a reasonable method of informing interested parties that their rights were being affected. the method chosen should. but the trustees held complete control of all assets. Notice to known beneficiaries via publication is inadequate. fails to inform everyone. With respect to remote future interest holders and unknown parties. and assets were to be submitted to the courts for approval. in fact. at least potentially.
Appellate jurisdiction Mandamous . appellate Exclusive v. (exclusive/origional jurisdcition/ and the court is limited juridction) As well lawsuits against ambassadors.2. 2008 Origional v.2.Notes Note 3: Wuchter v. limited 9. The United States Supreme Court under Srticle 3 have origional jurisdiction in cases of disputes versus states. concurrent general v. Ever single court will have one of these 3 things: Origional v.1. Opportunity To Be Heard 9.September 23.an orrigional action Appealte juridction courts can have trails if given ability in statute Habeous Corpus cases can be heard in appellate courts as a trial. 8. agency of the bill instead of just publishing. Subject-matter Jurisdiction 9. Federal Question Jurisdiction . Notes Civil Procedure . Pizzutti Non resident motors Note 5: Tulsa Proff. Pope Notice of probate is generally publication of debt. If the admin of the esate as aware there were outstanding bills you had to mail the notice of the deceased to the coll. Collection v.
Federal Question 1. Supplemental Jurisdiction 9.as long as related to claim 10. Federal Question 1. Notes Civil Procedure . If primary claim is a diversity claim. 28 USC § 1331 2. Federal Statutes . Diversity Jurisdiction 1. Article 3 I.Erie Doctorine Chapter Federal Subject Matter Jurisdiction Outline (handout) 1. Cases or controverses (dont worry about) authoirty of 9 or 10 cases/conroversies 1. any defendant can bring any claim against any exisiting or new party . Forms on ingrediant . Dollar Amount: has nothing about dollar amount in conroversy in Art.2.9.new claim must form part of the same case or controversy 1. Jurisdiction (have to have either federal question or diversity) 1. Federal Subject Matter Jurisdiction 10. Congressional Contol of Federal Courts 1.1. Diversity 1.1. question 2. 2008 1. must have supreme court and may have federal courts II. Supp. Basic authoirty for diversity jurisdiction 3. any claim. 2008 -Supplemental Readings . sets path for subject matter jurisdiction and diversity jurisdiction III.October 02. 3 2. ex Tx ag NY 100K claim. General Federal Questions 1. against any other party or new party as long as related to fed. Notes Civil Procedure . Case associated with: Osborne v.1. TEST FOR RELATED: Common Nucleus of Facts Test . Congress has the power to restrict the power of the federal courts: 75k barrier to get into Fed court set by congress 2. 1.1.2. Federal Law 1. have to have a claim that arises under: 1. any party . Bank of United States I.federal question 1. Constition 2.October 02.
is sneaking and depending on federal law and disguise it as state law go ahead and READ federal law INTO IT. Good Faith . Treaties of the United States 2. and if my question is it properly in federal court (say something about art. Federal Common Law 1. prof assoc.2. Domicile in a state 1.state of corporation and principle place of business 3. . EVERY ARROW HAS TO SATISY FEDERAL JURISDICTION (Alapada Case) 1. Motley Test 2. Supplemental jurisdiction might get us here as two seperate claims one qualifies and the other does not. Well pleaded complaint rule 1. 1. Means that if plan. 5. Have to have MORE than 75k in controversy and exclusive of interest and cost 1. Strawbride Rule: complete diversity 1. What is the citizenship of a corporation? 1.all the diffrent losses can aggregate (lost wages.50K and same defendant 3. Perry) . Administrative regulations (OCC. Mas would be a resident of Lous if permanet resident alien 2. EXAMPLE: P . 28 USC 1332 1. Amount in Controvery 1. 4. What if congress says that you might not be able to sue in federal court. Merrill Doude Case .no state on both sides of equation 1. Citizen of the United States 2.. 2. IRS etc) 3.suppose had a contract and you breachd and it is worh 25000 and sue you for 25000 plus 75000 punitive however in the law that is going to govern does not allow punitive TO A LEGAL CERTIANTY CANNOT GET PUNATIVE DAMAGES and so cannot be in federal court. all plantiffs and defendants must be from different states .how to defeat federal purpose 2.. Constituion does not require complete diversity 1.Rule congress must have intended it to be in federal 4. International Law 3. for each plantiff you can add all of the plantiff lost but cannot add it twice . 3 and then look to diversity or is it a federal question and what does it arive under (one of the 5). Cannot aggreate different theroies for the same loss (breach of contract and fraud) 3. phhysical presence and intent to remain indefinitly (Mas v.plantiffs right to recover must rest of federal question that is being interpreted 1. DIVERSITY 1. Rule: Thier right to recover rested on a breach of contract which is not a federal question. Citizenship Requirment (TEST) 1. comes up in removal case (sues in state court and remove to federal court) sometimes plantiffs knowing that they will be removed will plead around a federal statute. 3. partnerships.will assume good faith when bringing claim about example flowers worth 100k 1. Executive Orders 5. 4. punitive damage claim. Legal Certainty Test . If I describe lawsuit in federal court nad ask about jur. .) 1. TWO CITIZENSHIPS .100k D 2. Specific Federal Questions 3.Review Brief 1. Associations: citizenship of all of its members (non profit. destroyed car) 2.
Note 2: State courts can also hear Federal causes of action but not all of them because we have: (STATES CANNOT REFUSE TO HEAR A FED CASE) exclusive vs. U. small claims courts) Civil Procedure . concurrent ex: patent cases on in Federal court (exclusive) ex: concurrent Civil rights cases canbe heard in Fed or state How do we know if a case can be heard in state court? Congress should state that it cannot go to state court if it is not to go. .September 23. .deciding on the merits .S.deciding on the merits Note 1: Constituional Duty Some duty that arise under a notehr states or countries law there is a duty to hear those cases. 2008 Article III Title 28. U. General v.September 23. ALL FEDERAL COURTS ARE LIMITED JURISDCITION ( ex bankruptcy courts. 2008 Article III Title 28.October 7. Limited Jurisdiction if a court is general juridcition it can hear everything unless tatute states that it cannot if court is limited juris.Civil Procedure .competance .competance .S. (Review Outline given by Prof) Civil Procedure . 2008 Chapter 4Subject Matter Jurisdiction. it cannot hear everything unless you can show that it has the power to hear that case.C.C.
small claims courts) 10. ALL FEDERAL COURTS ARE LIMITED JURISDCITION ( ex bankruptcy courts.2. Case Briefs Course: Case Name: Case Date: Citation: Jurisdiction: Judge: Book Page: Last Update: Legal Concepts: Rule of Law Issue Civil Procedure AFA Tours v. General v. it cannot hear everything unless you can show that it has the power to hear that case. Limited Jurisdiction if a court is general juridcition it can hear everything unless tatute states that it cannot if court is limited juris.Note 1: Constituional Duty Some duty that arise under a notehr states or countries law there is a duty to hear those cases. Whitchurch 9/23/2008 7:39:08 PM Federal Subject Matter Jurisdiction ISSUE: May a court dismiss a diversity action for failure to meet the amount-in-controversy requirement without allowing a plaintiff to brief the issue? . Note 2: State courts can also hear Federal causes of action but not all of them because we have: (STATES CANNOT REFUSE TO HEAR A FED CASE) exclusive vs. concurrent ex: patent cases on in Federal court (exclusive) ex: concurrent Civil rights cases canbe heard in Fed or state How do we know if a case can be heard in state court? Congress should state that it cannot go to state court if it is not to go.
A court may not dismiss a diversity action for failure to meet the amount-in-controversy requirement without allowing a plaintiff to brief the issue. F. (P) appealed. F..000 or more. SUA SPONTE . In all but the most extreme situations. defendant has to show to legal certainty plantiff could not recover this amount to defeat jurisdiction. whether A..Facts ACTS: A. A. over which the federal court has jurisdiction. formed a competing company.'s (P) damages could meet the $50. (P) has in fact suffered losses of at least $50. a former A.An action taken by the court by its own motion and without the suggestion of one of the parties. At a hearing. involving an amount in controversy of $10. Reversed and remanded Notes MOUNT IN CONTROVERSY . A. Concluding it could not. (P) was in the business of providing guided tours. Saint Paul Mercury Test: Good faith standard and well pleaded complaint means good faith standard. F. namely customer lists. Here. A. the record before a court which raises the issue sua sponte without briefing will be insufficient for a court to meet this requirement. A.. alleging misappropriation of trade secrets. A.An action commenced by a citizen of one state against a citizen of another state or against an alien. the court dismissed.000 jurisdictional requirement. DIVERSITY ACTION . (P) employee. we take plantiffs word for it unless it is not in good faith. F. Perry Case Date: Citation: Jurisdiction: . A. Whitchurch (D). Holding No. F. A. The law requires that a court cannot dismiss for failure to meet the jurisdictional requirement in diversity cases unless appears to a legal certainty that such is the case. Tours. A. Course: Civil Procedure Case Name: Mas v. F.000 requires a somewhat detailed factual analysis.The value of a claim sought by a party to a law suit. (P) filed an action in federal court. Inc. which the court could not have done on the record before it. the court raised sua sponte the issue of whether A. Jurisdiction was based on diversity.
permanent home and principle establishment of home base. Mrs. Thus..intent to remain in that state Citizen of US and domicile in UK cannot bring suit under diversity. Mere residence in a state does not establish domicile for purposes for diversity jurisdiction. Domicile is the true. Affirmed. they rented an apartment from Perry (D) and subsequently discovered he had used two-way mirrors to invade their privacy. therefore. Mere residence in a state does not establish domicile for purposes of diversity jurisdiction. the Mases (P) had no fixed intent to remain in Louisiana.Judge: Book Page: Last Update: 9/23/2008 7:34:00 PM Legal Concepts: Federal Subject Matter Jurisdiction Rule of Law 1. While in Louisiana. Mas (P) remained a French domiciliary. complete diversity existed. Notes Students are inherently Domicilary .000 judgment. fixed. Mas was a citizen of Mississippi. After Mas (P) finished his education. a lack of diversity existed. Mas (P) remained a Mississippi domiciliary and Mr. Mas's (P) education. In this case. Mas (P) was a French citizen. Perry) Issue ISSUE: Does residence in a state create domicile for purposes of federal diversity jurisdiction? Facts FACTS: The Mases (P) returned to Louisiana to complete Mr. Formerly. Determining Citizenship. . Holding HOLDING AND DECISION: (Ainsworth. Mr. and.) No. and Mrs. contending they were citizens of Louisiana. (Mas v. J. Perry (D) appealed. They sued in federal court on the basis of diversity and obtained a $20. have to live in a state. they were unsure of where they would live. As a result.
Subject Matter Jurisdiction in State Courts. Subject Matter Jurisdiction in State Courts 11. fixed. Lacks) . Lacks 9/23/2008 7:20:50 PM Subject Matter Jurisdiction in State Courts 1.2. Case Briefs Course: Case Name: Case Date: Citation: Jurisdiction: Judge: Book Page: Last Update: Legal Concepts: Rule of Law Civil Procedure Lacks v. permanent home and principle establishment of home base.1. INTENT TO STAY The day you file the suit is when domicile and citzenship is reviewed Rule Change since CASE A permanet resident alien is not a citizen of the domicle of the United States 11. (Lacks v. 2008 Organize it in State courts by amount of damages.Citizen of US domicle of State Test for Domicile: Domicile is the true.September 23. (look at plantiffs origional petition) 11. Notes Civil Procedure . A final judgment is not void for lack of subject matter jurisdiction if the defect alleged concerns a judicial error as to the existence of a necessary element of the cause of action.
J. The absence of a necessary element of the cause of action presents a different question than that concerning the existence of subject matter jurisdiction. Holding (Breitel. Lacks (D) moved to vacate her husband's (P) divorce judgment contending the court lacked subject matter jurisdiction. The court's subject matter jurisdiction is statutory and is unquestionable in this case. Notes 12. Organization of State Courts 12.) No.Issue ISSUE: Is a final judgment void for lack of subject matter jurisdiction if the rendering court erroneously found present all the requisite elements of the cause of action? Facts FACT SUMMARY: Mrs.September 23. . Notes Civil Procedure . There is no jurisdictional question present. A final judgment is not void for lack of subject matter jurisdiction merely because the rendering court erroneously found the existence of a necessary element of the cause of action.1. C. 2008 District Court County Court at Law Justice/Small Claims Courts Municiple Courts All have subject Matter jurisdiction guidelines. Affirmed.
1367C . 13. United Mine Workers v. 3. 28 U. (Executive Software North America. 2008 1. Notes Civil Procedure . Ancillary Jurisdiction 13.sets fourth have to articlualte one of those four grounds 2. Common Nucleus Of Facts Test 13. federal courts may decide state issues which are closely related to the federal issues being litigated. Absent extraordinary circumstances. Notes Civil Procedure . S. 2. C. 1. Pendent Jurisdiction 13. § 1367(c)(1)-(c)(3) sets forth the exclusive circumstances under which a federal court may appropriately decline pendent jurisdiction. example: citizens of different states but only 50k 1. 2008 1. Gibbs 1. (United Mine Workers of America v. The Subject Matter Jurisdiction of the Federal Courts—Supplemental Claims and Parties.1. Notes Civil Procedure .2. 1. 13.2.1.October 02. Under pendent jurisdiction.October 02.1. The Subject Matter Jurisdiction of the Federal Courts—Supplemental Claims and Parties. 2008 1. Supplemental Jurisdiction 13. 2.13. 1.3.1. Gibbs) . Inc.October 02.3. United States District Court for the Central District of California) 1. v.1.
Where the cause of action arose (where tort happened) transitory 3.347 lists venue however looks at the place within the state where you can be sued(county/city) What is the geographic unt for Federa venue? The ENTIRE United States Federal court personal jusidcition contorlled by the state but venue is not. Venue is set by district. Where the subject of the action is situated local 2.mone. 2008 Idea of venue: -place where the trial is -within the state How does venue differ from personal jurisdiction? . Federal Venue is ocntroleld by Federal law. federal court could hear both 13.4. 1.personal juridistion looks at the state (minimum contacts) personal jurisidiction p.1. Three basic venue rules: 1.. Venue 13. Notes Civil Procedure .2. Venue 14. Transitory: .October 09.October 09.1. Fedearl system broken up into districts . Forum Shopping . Key word is: THE DISTRICT. Test: Common nuceuls of operative facts (more or less same facts) 1. Where the defendant resides Local v. Notes Civil Procedure . winning the case.4.Texas has four districts. 2008 14.
§ 1404(a). v. Inc. Reyno 4. Forum Non Conveniens.. (Reasor-Hill Corp. Specific Venuepatent claims. General venue v. Blaski) and forum non conveniens Bates v. v. Hoffman v. Reyno) 1404 authorizes a transfer but there is not federal court in scotland to transfer it. and with counterclaim it is local and land is in Miss. Transfer of Venue in Federal Courts. . If a local action cannot be brought at the situs of the property because of lack of jurisdiction of the defendant. been Piper Aircraft Co. C. Court . Permissive Venue Local is mandatory and other things are mandatory depending on the statute.) Statory phrase dealing with is "substnatila part of where the events took place" .breach of contract transitory. C&S Adjusters.Local venue means like in rem have protery and fighting about the property Transitory venue means a certain cateogry of actions (transitory actions) it ran with the party the defendant and not with teh thing and can sue anywhere you can find him and serve him or wherever you live. A plaintiff may not defeat a motion to dismiss for forum non conveniens merely by showing that the substantive law that would be applied in the alternative forum is less favorable to him than that of the present forum. Blaski) If defendant objects to wrong venue can onl move it to where is could have filed. a federal court can only transfer a case to a court where the plaintiff could have originally brought the case. v. Local and Transitory Actions. S. (Piper Aircraft Co. Reasor-Hill Corp. Harrison: 1. C & S Adjusters. (Bates v. (Hoffman v.inconvient venue (Hoffman v. etc certain fact occurred or is part of the case. the action may be brought in the state where the defendant resides. Venue in the Federal Courts.brings transitory calim in ark. §1391 is GENERAL VENUE for Federal Venue Structure (need to have this read pretty well) 1406 is wrong venue statute 1404(a) . Blaski 3. Under 28 U. tort examples) Mandatory venue v. Venue is proper under the Fair Debt Collection Practices Act in the district where an allegedly offending letter is received. Harrison) It is a local venue action . (breach of contract. V. but the land is in Miss. Inc. 2.
. the representative of five victims of an air crash. But under forum nonconveniens we cannot tell Scotland what law to apply. Forum non conveniens is a scotland common law in our legal system. Case Briefs Course: Case Name: Case Date: Citation: Jurisdiction: Judge: Book Page: Last Update: Legal Concepts: Rule of Law Civil Procedure Piper Aircraft Co v.2. When you move a case under 1404 when you transfer a case to another court the Choice of law is the same law as the plantiff filed. Issue ISSUE: May a plaintiff defeat a motion to dismiss for forum non conveniens merely on the basis that the laws of the alternative forum are less advantageous? Facts FACT SUMMARY: Reyno (P).2. Reyno 10/9/2008 7:31:16 PM Venue/Forum Non Conveniens RULE OF LAW: A plaintiff may not defeat a motion to dismiss for forum non conveniens merely by showing that the substantive law that would be applied in the alternative forum is less favorable to him than that of the present forum. Forum Non Conveniens 14.1. SAME FACTORS BUT THE TWO ARE A LITTLE DIFFERENT 14. brought suit in California even though the location of the crash and the home of the victims were in Scotland.Forum non conveniens: if the court decides that this is the case then case is dismissed and then refilled in Scotland and protects plantiff that if it is not filled in scotland then court will again assume jurisdiction.
even though the accident occurred and all the victims resided in Scotland. and interests were in Scotland. If the state chosen by the plaintiff has the only adequate remedy for the wrong alleged. then the motion may be denied. while the court of appeals reversed.FACTS: Reyno (P) was the representative of five air crash victims' estates and brought suit for wrongful death in United States district court in California. Piper (D) moved to dismiss for forum non conveniens. the fact that the chosen state's laws are less attractive to the defendant could be used to defeat a motion to dismiss for forum non conveniens. contending that Scotland was the proper forum. Thus.An equitable doctrine permitting a court to refrain from hearing and determining a case when the matter may be more properly and fairly heard in another forum. Reyno (P) opposed the motion on the basis that the Scottish laws were less advantageous to her than American laws. Reversed. 2008 . all the evidence. Holding No. The Supreme Court granted certiorari. A plaintiff may not defeat a motion to dismiss for forum non conveniens merely by showing that the substantive law of the alternative forum is less advantageous than that of the present forum. As a result.October 21. the most convenient forum was there. Erie Doctrine / Ascertaining Applicable Law / Choice Of Law 15. The district court granted the motion.1. 15. Notes Civil Procedure . the motion was properly granted. Notes The Court in this case specifically noted that under some circumstances. QUICKNOTES FORUM NON CONVENIENS . In this case. witnesses.
the law of the place of the wrong . Two kinds of choice of law that go on in any court: 1.) Look to common law of Miss. (other things under Farticle III etc) Federal Court follows that STATES CHOICE OF LAW RULE. Civil Procedure . Lex locus delicti .October 28. (Mason v.Horizontal choice of law.Substantive v.manufactur 1. from Supreme Court for binding authority 2) Miss. Faced with state law question. Erie doctorine is vertical (federal over state) ..one overlays the other. Substantive law is like contracts.) lower courts 2) Federal Courts in that state SPECULATE!! Party can make the argument that Binding authoirty is outdated and that court might use discretion as to what should be done. 2008 Mason Case: privity ..when this happens always follows local state law When this RI federal court is faced with applying state law: What two things does the court supposed to do? (Choice of law Rule) BINDING AUTHORITY 1. states statutes PERSUASSIVE AUTHORITY Persuasive: 1.. torts. whom wins the case. A state supreme court ruling on an issue need not be followed by a federal court sitting in diversity if that ruling has lost its vitality. Procedural Law Forum laws governs its only procedure. Ascertaining the State Law. CHOICE OF LAW Western Union Case . American Emery Wheel Works) In order to be federal question must arise under constituion. etc.side by side jurisdictions (different legal systems not overlapping) 2.if you buy a product from someone and you can state a cause of action can sue ..
Must do what a local state court would do. When Elvis died Boxcar company liscened this to Factors Inc..round manufactured in Texas.October 30...this case is really a contract about a settlement.only settling with whom named..these are choice of law tests. Distinction between rights and remedies Right was the obligation the duty/breach Rememdy was what ou got: money. Pro Art tried to sell posters of his likeness and Factors sued for an injunction. Brought action in Houston.. 5th circuit state that trial court made a mistake that in the 5th circuit have choice of law rule that says when faced with more than one state (gov't interest analysis) Choice influencing considerations ..Supplemental Readings Court oes further.. Supreme Court decided that 5th Circuit was wrong and cite Skinner Electric that choice of law test with diversity case in Federal Court apply locate state court rules.. Remedies were governed by form law Rights are governed by where breach occurred. Texas. Court decided to adopt restatement of conflict of law. 2008 Duncan v. Argument that just because Les Locus Delicti not just Cambodia law .say maybe texeas law but have to to this test. Civil Procedure .HOWEVER LES LOCUS DELICITI. Anther party. Read Challoner for Thursday: Products liability.. . Idea was that estate owned likeness of Elvis.Chikasaw law has law that would enforece rights but unless you show us that they would not enforce under Universal law would give cause of action. Texas did away with the unity of release rule. Cessna wants NM law. Texas choice of law rule is Lex Locus Contractus should rule (where the contract was made) Contract was made in Texas . goes on appeal to 5th Circuit.can argue where was manufactured.. Parent company in Maryland and principle place of business in Penn. However New Mexico law allows this. and in Texas that is Les Locus Delicti .....place where wrong occurred so Cambodia law. will see how the Texas Choice of Law rule is changed. . Victims from Wisc adn TN..leave Lex Locus Delicti Facts: plane crash in New Mexico result is pilot and the plantiff's husband died. Deahs occureed in Cambodia.. For now on when faced with choice of law question not governed by agreement will use the above test.. going to allow him to recover under universal law.. Cessna Out of Federal Court. Wife signs a release with Cessna.. Law of state with most signifigant relationship test(7 factor balancing test) will be the choice of law... one from TN and one from Wisc. and applying that Texas Law applies Factors Case: Issue: Rights to likeness after death This is not a question of federal law it is set by the states.. more like an international law case.filed in Federal Court suing various defendants.there is diversity in this case and how ended up in federal court.Place of wrong.. on injured and the other one killed. injuction.
at trial. State law includes not only statutory law. state law governs substantive issues. No evidence that Tenn. Co. Co v. but case law as well. Although the 1789 Rules of Decision Act left federal courts unfettered to apply their own rules of procedure in common law actions brought in federal court. law does not have anything with rightness to likeness. (Erie R. Case filed in New York seeking the relief of injunction in NY.Court is faced with can someone other than Factors Inc. Tompkins) Issue Was the trial court in error in refusing to recognize state case law as the proper rule of decision in deciding the substantive issue of liability? Facts Tompkins (P) was walking in a right of way parallel to some railroad tracks when an Erie Railroad (D) train came by. Tompkins (P) was struck and injured by what he would. Vertical 15. Now hae to figure out what Tenn. . where the posters were being sold. Choice of Law: Horizontal v. Tompkins 10/21/2008 7:02:56 PM Erie Doctrine / Ascertaining Applicable Law / Choice Of Law The Erie Doctrine: The Rules of Decision Act and the Rules Enabling Act. market and make money off of his likeness. Therefore Tenn.2. would be chosen because this is where the liscensed was given to Factors in probate court. law would cover right of likeness therefore look to common law and there is no right to likeness law. The choice of law rule in New York is signifigant contacts test. Case Briefs Course: Case Name: Case Date: Citation: Jurisdiction: Judge: Book Page: Last Update: Legal Concepts: Rule of Law Civil Procedure Erie R. v. law is and right now Tenn.
(3) Except in matters governed by the Federal Constitution or by acts of Congress.) 1 (1842). local citizens could move out of the state and bring suit in federal court if Furthermore. More than statutory relief is involved here. the law to be applied in any case is the law of the state. could simply reincorporate in another state. similarly. J. apply the unwritten law of the state as declared by its highest court. S. Under "general" law.) Yes. in matters of general jurisprudence. On the other hand. c. Under Pennsylvania case law (the applicable law since the accident occurred there).000. which held that federal courts exercising jurisdiction on the ground of diversity of citizenship need not. state courts would have treated Tompkins (P) as a trespasser in denying him recovery for other than wanton or wilful misconduct on Erie's (D) part. corporations. Reversed. there was no satisfactory way to distinguish between local and general law. 20.claim to be an open door extending from one of the rail cars. The Court's opinion is in four parts: (1) Swift v. The resulting far-reaching discrimination was due to the broad province accorded "general law" in which many matters of seemingly local concern were included. unwritten as well as written. 41 U. Upon appeal to a federal circuit court. (16 Pet. The hoped-for uniformity among state courts had not occurred. federal courts had assumed the power to make "general law" decisions even though Congress was powerless to enact "general law" statutes. Because Erie (D) was a New York corporation. S. Holding Brandeis. Notes . local citizens could move out of the state and bring suit in federal court if they were disposed to do so. Tompkins (P) brought suit in a federal district court in New York. 28 U. the decision was affirmed. The privilege of selecting the court for resolving disputes rested with the noncitizen who could pick the more favorable forum. the unconstitutionality of Swift is clear. (4) The federal district court was bound to follow the Pennsylvania case law which would have denied recovery to Tompkins (P). recognized in federal courts. Tompkins (P) would have been regarded as a licensee and would only have been obligated to show ordinary negligence. Up to this time. § 725 requires that federal courts in all matters except those where some federal law is controlling apply as their rules of decision the law of the state. 2) Swift had numerous political and social defects. There is no federal common law. Furthermore. is overruled. Tyson. Section 34 of the Federal Judiciary Act of 1789. Swift introduced grave discrimination by noncitizens against citizens. where he won a judgment for $30. The federal courts have no power derived from the Constitution or by Congress to declare substantive rules of common law applicable in a state whether they be "local" or "general" in nature.
however. Federal courts have traditionally given state-created rights in equity greater respect than rights in law. v. Course: Case Name: Case Date: Citation: Jurisdiction: Judge: Book Page: Last Update: Legal Concepts: Rule of Law Civil Procedure Guaranty Trust Co v. While state law cannot define the remedies which a federal court must . the substantive right is created by the state. Issue Does a state statue of limitations. the federal court is bound by the state law. Note. Even though federal equity may be thought of as a separate legal system. also act as a bar to the same action if the suit is brought in equity in federal court and jurisdiction being based on diversity of citizenship? Facts Holding es. how later Supreme Court decisions have made inroads into the broad doctrine enunciated here. York 10/21/2008 7:25:57 PM Erie Doctrine / Ascertaining Applicable Law / Choice Of Law Where a state statute that would completely bar recovery in state court has significant effect on the outcome-determination of the action.EDITOR’S ANALYSIS: Erie can fairly be characterized as the most significant and sweeping decision on civil procedure ever handed down by the U. Erie R. S. 64 (1938). Erie held that while federal courts may apply their own rules of procedure. S. Co. 304 U. As interpreted in subsequent decisions. and federal courts must respect state law which governs that right. since the former are more frequently defined by legislative enactment. issues of substantive law must be decided in accord with the applicable state law—usually the state in which the federal court sits. Tompkins. which would bar a suit in state court. even though the suit be brought in equity. Supreme Court. overruled a particular way of looking at law after its inadequacies had been laid bare.
Here. which clarified Erie. And in Byrd v. Hanna v. Notes Guaranty Trust. Emery 10/28/2008 6:49:59 PM Erie Doctrine / Ascertaining Applicable Law / Choice Of Law . and not another body of law. only another court of the state. the outcome notwithstanding. Through diversity jurisdiction. Tompkins was not an endeavor to formulate scientific legal terminology. Matters of "substance" and of "procedure" turn on different considerations." but whether the statute so affects the result of litigation as to be controlling in state law.give simply because a federal court in diversity jurisdiction is available as an alternative. Federal courts enforce state-created substantive rights if the mode of proceeding and remedy were consonant with the traditional body of equitable remedies. 525 (1958). 356 U. it cannot afford recovery if the right to recovery is made unavailable by the state. but rather an expression of a policy that touches the distribution of judicial power between state and federal courts. The question is not whether a statute of limitation is "procedural. held that where state law conflicts with the Federal Rules of Civil Procedure. Blue Ridge Elec. the latter prevails regardless of the effect on outcome of the litigation. the Court suggested that some constitutional doctrines (there. Reversed and remanded. and procedure. v. since the federal court is adjudicating a state-created right solely because of diversity of citizenship of the parties it is. Plumer. the result should not be any different in a federal court extending jurisdiction solely on the basis of diversity of citizenship. Co. therefore. a federal court may afford an equitable remedy for a substantive right recognized by a state even though a state court cannot give it. practice. Erie insures that insofar as legal rules determine the outcome of litigation. Course: Case Name: Case Date: Citation: Jurisdiction: Judge: Book Page: Last Update: Legal Concepts: Rule of Law Civil Procedure Mason v. Cooperative. may itself be in the process of being slowly eroded by modern courts. It is. 380 U. the right to a jury trial in federal court) are so important as to be controlling over state law—once again. Congress meant to afford out-of-state litigants another tribunal. S. S. in effect. 460 (1965). immaterial to make a "substantive-procedure" dichotomy—Erie R.
There is no question but that a federal court sitting in diversity must follow state law. it seems relatively clear that the true state of the law in Mississippi is not to require contractual privity. Generally speaking. and it is unlikely that the Mississippi Supreme Court would follow its own precedent. (Mason v. it is up to the district court to try to decide how the state court would rule on that issue today. Notes EDITOR’S ANALYSIS: Obviously. Ascertaining the State Law. A state supreme court ruling on an issue need not be followed by a federal court sitting in diversity if that ruling has lost its vitality. even if that ruling has lost its vitality? Facts Holding HOLDING AND DECISION: (Magruder. A state supreme court ruling on an issue need not be followed by a federal court sitting in diversity if that ruling has lost its vitality. American Emery Wheel Works) Issue ISSUE: Must a state supreme court ruling on an issue be followed by a federal court sitting in diversity. Course: Civil Procedure Case Name: Swift v. C. the role of a federal court becomes much like a state trial court.1. The order of the district court is vacated and the case is remanded to the district court for further proceedings. not every issue that comes before a federal court sitting in diversity will have been ruled upon by a state supreme court. there has been a major shift in products liability law since 1928.) No. This is borne out by dicta in at least one case indicating dissatisfaction with the 1928 precedent. Where. It must search through other state precedent to rule on an issue. a pronouncement of a state supreme court will be final on a given issue. When this occurs. In light of this. however. the decision appears to have lost its vitality. Tyson Case Date: Citation: . J. Here.
. do not apply local common law but SUPER common law which is the Majority Rule.S.C. 1652 federal court apply state law excepet where Congress says other wise.Jurisdiction: Judge: Book Page: Last Update: 10/21/2008 7:23:31 PM Legal Concepts: Erie Doctrine / Ascertaining Applicable Law / Choice Of Law Rule of Law Issue Issue of holder in due course.Tyson answers and states: you are in federal court not governed by federal law and there is no state statute it will be cmmon law.. Federal Court decided Facts Holding Notes Rules of Decision Act: 28 U. Which State? Swift v.. .if no federal law on point then even in federal court you apply state law.someone whom gave consideration Federal Court about rights on a holder in due course being enforced. New York law was going to govern..
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