CivPro

Law grants it

o   Long-arm

o   Personal

• o   Consent
•   
• State Law is Constitutional

• -      when the forum’s law allows
• for it
• -     when it is constitutional – reasonably calculated to apprise interested parties of the
• litigation

amt in controversy exceeds 75K

• o   cannot
• aggregate w/ counterclaims

• o   from
• P’s POV

-      complete diversity

• claims arose from same t/o AND party had reason to know (within time allowed for service) that but for
• mistake in name they would have been sued (party)

• -      
• AWASP

• -      
• Abode – leave w/ someone 13+ at D’s last known
• place of residence
• -      
• W – D mails in waiver of service that P mailed to him
• -      
• A – agent (personal or
• mail)
• -      
• S – state methods
• -      
• Personal

• -      
• Any D can consent to removal and file within 30
• days of service of process if the suit could have been appropriately filed
• there

• -      
• If want to get in Fed Ct b/c of Diversity:

• o   May
• not remove more than 1 yr after axn was filed unless ct finds baa faith on P’s
• part

• As of right (fed): A third party may intervene
• as of right if it has interests which would be adversely affected and those
• interests are not sufficiently protected by the existing parties.
• -      
• Permissive (both): A third party may intervene
• permissively if there is a commonality of issues
• in the suit and affecting the non-party.

• -      
• DV/JMOL:

• o   When
• the evidence is viewed in the light most favorable to the non-movant, reasonable persons could not differ
• -      
• JNOV/RJMOL: must have asserted original motion on the same grounds. 
• -      
• Fed: can do after trial.  Both: do when trial ends.

• -      
• No genuine issues of material fact exist, and
• the movant is entitled to JML

• -      
• Evidence in light most favorable to non-movant

• -      
• The P must state the federal issue clearly on
• the face of her well-pleaded complaint, and not merely
• by means of some defense

• -      
• a party’s right to full
• and fair trial would be prejudiced if they did not join

• -      
• remedy: dismissal if in equity and good
• conscience

100+ Ps, $5M+ in aggregate, minimal diversity (any single P is from a different state than any single D)

• -      
• If all Ds live in
• state, district where any D lives
• -      
• If land, district
• where land is
• -      
• Where any substantial
• part of claim arosex

• -      
• Person including resident alien
• – domiciled: where they live AND intend to return
• -      
• Corp – PPB or HQ
• -      
• Pure alien – by
• any non-alien only, in any state

• -      
• Unincorporated
• pship – each member individually
• -      
• US citizen abroad
• – never

• -      
• existence of an
• alternative forum

• -      
• burden on D

• -      
• convenience and effectiveness for relief of the claims for P

• -      
• most efficient judicial
• resolution of dispute

• -      
• conflict w/ sovereignty
• of D’s state

• -      
• extent of purposeful
• interjection into the forum

• -      
• forum state’s interest
• in the suit

• there is a
• conflicting federal law

• but apply federal law to procedure, evidence, jury trial proceedings unless procedural law is outcome determinative, then balance and
• likely apply state law

• -      
• juror misconduct

• -      
• new evidence
• comes to light

• -      
• trial error affected parties’ substantial trial rights

• -      
• jury verdict
• against manifest weight
• of evidence

• TIME:
• Fed – 28 days

• -      
• Time – up to a year from judgment

• -      
• Merit – there is merit to a claim or defense

• -      
• Equity – equity demands relief (fraud or perjury at trial)

• -      
• New – New facts
• discovered that cast doubt on the judgment

Due diligence – even w/ due diligence by moving party, that new evidence wouldn’t have been discovered the first time (it was impossible to discover them)

liberlaly granted

Close call / doubt

• -      
• Review would
• materially advance the litigation

• -      
• Controlling issue of law

• Permissive = Not related to same T/O, may bring
• Compulsory = Derives out of sameT/O, D must file
• initially or lose the right

• -      
• Issue identical
• to issue already litigated

• -      
• Essential to judgment of case

• -      
• Party against
• whom it is brought (D) was a party

• -      
• and D had full
• and fair opportunity to litigate the issue

• -      
• Party who brings it was
• a party or is in privity with the party ß NO

• -      
• issue identical

• -      
• issue was actually
• litigated and essential to a final decision on the merits in the prior case

• -      
• D was party and
• had full / fair opportunity to litigate (be
• heard on) the issue

• -      
• Party who brings
• it is in privity or was party

If a defendant is not served within 120 days after the complaint is filed, the court—on motion or on its own after notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period.

• Typicality –
• rep’s issues typical of class’s issues
• -      
• Adequacy and
• fairness – rep adequately and fairly represents class
• -      
• Numerosity –
• needed for efficiency (40+) – joinder impracticable
• -      
• Commonality – there are common issues of law and fact common to class

• traditional
•    
• statutory –
• greater than or equal to $500, minimal diversity (any 2 Ds from diff state)

• Complaint must state facts sufficient to put D on
• notice of all “plausible” claims