Escolar Documentos
Profissional Documentos
Cultura Documentos
1. Diversity (1332)
Un / Rel + Cont Syst / Occ
a) Original Jurisdiction? YES, removal (Shamrock) b) Is D citizen of forums state? NO, removal for diversity c) Remand: only non CNOOF claims (W Mifflin) e) Fed district embrace state court?
VENUE
General: continuous systematic ties Specific: activities occur in forum A. Statutory Analysis Traditional Bases Statutes
ii.
B. i.
Non-Resident Motorist Act (Kane; Hess) Long-Arm Statute (Amer. Radiator) Constitutional Analysis (5th DP + 14th FFC) Presence Tradl Bases (Pennoyer; Burnham) Service in state Domiciled in state D consents
Corporation Incorporated OR PPB Nerve Ctr (Hertz) Unincorporated: Citizenship of any member
1. Where any D resides if all in same state; OR 2. Where substantial part of claim arose / property
subject of action is situated 3. If neither, then
2. FQ (1331)
Well Pleaded Complaint (Mottley; TB Harms)
ii.
Contacts (Asahi) a) Stream of Commerce + Foreseeability (BREN) b) Stream of Commerce + Purp Directed (OCNR)
Fairness
c) Corporations Single district state PJ Multi-district state dist subject to min contacts
Congress spoken against? NO, SJ (Aldinger) a) CNOOF for all parties? YES, SJ (Exxon; Ortega)
b) Complete Diversity? $75k by 1 party? c) Decline SJ
Forum Non Conveniens (Piper Aircraft) Std: Ps choice undisturbed unless D vexed/harassed Private Factors Access to proof Cost of witnesses attending Compulsory attendance for witnesses Practical problems
1. 2.
Gibbs Economy/Fairness/Convenience/Comity? Exec Software (9th cir) i. Novel / complex state issue? State claim predominates?
ii.
a.
Reasonably calculated to (Mullane) 1. Reach recipient? Known contact info? Reg service Unknown contact info? Newspaper 2. Afford reasonable time to be heard?
2.
3.
Issue
All claims from same trx (Rush; NY Racing) Events divisible? (Morris Bank)
2. Issue Litigated & Decided? (Cromwell) 3. Issue Essential to Case1 Judgment? (Rios)