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Personal Jurisdiction, Venue, Subject Matter Jurisdiction - Coggle Diagram

- - - - Rules 4(k) and 12 must be reviewed
        
        Federal Rule 4k
        
        (1) In General. Serving a summons or filing a waiver of service establishes personal jurisdiction over a defendant:
        
        (A) who is subject to the jurisdiction of a court of general jurisdiction in the state where the district court is located;
        
        (B) who is a party joined under Rule 14 or 19 and is served within a judicial district of the United States and not more than 100 miles from where the summons was issued; or
        
        (C) when authorized by a federal statute.
        
        (2) Federal Claim Outside State-Court Jurisdiction. For a claim that arises under federal law, serving a summons or filing a waiver of service establishes personal jurisdiction over a defendant if:
        
        (A) the defendant is not subject to jurisdiction in any state's courts of general jurisdiction; and
        
        (B) exercising jurisdiction is consistent with the United States Constitution and laws.
        
        Federal Rule 12
        
        Rule 12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
        
        Primary tabs
        
        (a) Time to Serve a Responsive Pleading.
        
        (1) In General. Unless another time is specified by this rule or a federal statute, the time for serving a responsive pleading is as follows:
        
        (A) A defendant must serve an answer:
        
        (i) within 21 days after being served with the summons and complaint; or
        
        (ii) if it has timely waived service under Rule 4(d), within 60 days after the request for a waiver was sent, or within 90 days after it was sent to the defendant outside any judicial district of the United States.
        
        (B) A party must serve an answer to a counterclaim or crossclaim within 21 days after being served with the pleading that states the counterclaim or crossclaim.
        
        (C) A party must serve a reply to an answer within 21 days after being served with an order to reply, unless the order specifies a different time.
        
        (2) United States and Its Agencies, Officers, or Employees Sued in an Official Capacity. The United States, a United States agency,
        or a United States officer or employee sued only in an official capacity must serve an answer to a complaint, counterclaim, or crossclaim within 60 days after service on the United States attorney.
        
        (3) United States Officers or Employees Sued in an Individual Capacity. A United States officer or employee sued in an individual capacity for an act or omission occurring in connection with duties
        performed on the United States’ behalf must serve an answer to a complaint, counterclaim, or crossclaim within 60 days after service on the officer or employee or service on the United States attorney, whichever is later.
        
        (4) Effect of a Motion. Unless the court sets a different time, serving a motion under this rule alters these periods as follows:
        
        (A) if the court denies the motion or postpones its disposition until trial, the responsive pleading must be served within 14 days after notice of the court's action; or
        
        (B) if the court grants a motion for a more definite statement, the responsive pleading must be served within 14 days after the more definite statement is served.
        
        (b) How to Present Defenses. Every defense to a claim for relief in any pleading must be asserted in the responsive pleading if one is required. But a party may assert the following defenses by motion:
        
        (1) lack of subject-matter jurisdiction;
        
        (2) lack of personal jurisdiction;
        
        (3) improper venue;
        
        (4) insufficient process;
        
        (5) insufficient service of process;
        
        (6) failure to state a claim upon which relief can be granted; and
        
        (7) failure to join a party under Rule 19.
        
        A motion asserting any of these defenses must be made before pleading if a responsive pleading is allowed. If a pleading sets out a claim for relief that does not require a responsive pleading,
        an opposing party may assert at trial any defense to that claim. No defense or objection is waived by joining it with one or more other defenses or objections in a responsive pleading or in a motion.
        
        A 12(b)(2) defense must be addressed in the first pre-answer motion filed or the defense of lack of personal jurisdiction is waived. A 12(b)(2) defense can be joined with other defenses, so long as it is addressed in the first pre-answer motion.
        
        If no pre-answer motion is filed, the 12(b)(2) defense must be raised in the answer, or objection to personal jurisdiction is waived.
        
        12(b) motions can be joined with any other motion allowed in 12(b).
      - a. 4(k)(1)(A)- incorporates states’ standards of personal jd.
      - b. Specific federal statute governs.
      - c. Possible waiver- FRCP 12 requires challenges in initial responses.
    - - b. Enumerated Acts
      - a. Constitutional Limit
  - - - Traditional Basis for Due Process
        
        Voluntary Appearance
        
        Consent
        
        Forum Selection Clause- Carnival Cruise Tickets had clause dictating where litigation could occur. are upheld and treated as consent/
        
        Status--> If the case is based on a divorce or change in status, that is consent for Due process
        
        In-state transient service- Burnham man visits children in CA and gets served- this is due process
      - International Shoe- Test
        
        d. Contractual Conduct -Contracts- plus analysis- (place of negotiation, execution, and performance of the contract)- Burger King + McGee
        
        e. Products Liability-
        
        i. O’Conner Standard- Stream of Commerce
        
        Plus Factors
        
        Designing the product for the forum state
        
        Advertising in the forum state
        
        Providing channels for regular customer advise in the forum state
        
        Marketing the product through a distributor who has agreed to serve as a sales agent in the forum state
        
        ii. Brennan Standard – Stream of Commerce
        
        c. Intentional Torts- Calder “effects” Test
        
        calder effects test
        
        P felt the brunt of harm in the forum state
        
        Conduct was expressly aimed at the forum state and calculated to cause injury there
        
        involves an intentional tort
        
        f. Internet Cases-
        
        Sliding scale (zippo standard) describing active or passive nature of website
        
        if only used to view info (passive) no jd
        
        if used to transfer information back in fort from sales or data (active) jd can be found
        
        calder effects test
        
        P felt the brunt of harm in the forum state
        
        Conduct was expressly aimed at the forum state and calculated to cause injury there
        
        involves an intentional tort
        
        b. Purposeful Availment- Quid pro quo (transaction where rights and benefits of state are given in return for interaction in the state) and can foresee it will be subject to personal jurisdiction-World Wide Volkswagon Corp.
        
        Purposeful Availment Factors
        
        Whether the contract was the unilateral act of a third/other party;
        
        The acts cannot be random, fortuitous or attenuated
        
        actions create a substantial connection to the forum state
        
        Defendant has deliberately engaged in significant activities in the forum state
        
        Defendant has created continuing obligations with residents of the forum state
        
        g. Reasonableness factors apply to International Shoe Analysis – Burger King
        
        i. Burden on the Defendant
        
        ii. State Interest in adjudicating the dispute
        
        iii. Plaintiff Interest in obtaining convenient and effective relief
        
        iv. Systemic Efficiency in resolving controversies
        
        v. Furtherance of Social Policies between states
        
        a. Are there minimum contacts such that suit does not offend fair play and substantial justice requirements of Due Process?
    - - General Jurisdiction
        
        a. State of incorporation
        
        b. Headquarters state
        
        c. Continuous and systematic- “At Home”
        
        For individuals at home is where one is domiciled --test
        
        physical presence
        
        intent to remain
- - - - Residency
        
        Where one is domiciled (lawfully admitted immigrants and lawful citizens)
        
        Principal place of business (corporations)
        
        Defendants not resident to united states have domicile disregarded
  - - - For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented.
    - - The district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought.