Jurisdiction in US Law: Removal Jurisdiction, Personal Jurisdiction, and Long-Arm Statutes, Slides of Civil procedure

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WRAP-UP OF LAST CLASS

• We continued our study of subject matter jurisdiction by learning about removal jurisdiction.

WHAT WILL WE DO TODAY?

• Finish up our study of removal jurisdiction, thus wrapping up our study of subject matter jurisdiction.
• Continue our unit on jurisdiction by learning about personal jurisdictionl

WHEN IS A CASE REMOVABLE?

• There must be original subject-matter jurisdiction in federal court
• Basic rules of federal question and diversity/alienage apply
• Well-pleaded complaint rule applies
• Artful pleading rule

CHALLENGING REMOVAL

• How does a plaintiff challenge removal?
• Can a plaintiff waive her right to challenge removal?
• Are there any applicable time limits? If so what?

Burnett v. Birmingham Board of Education (N.D. Ala. 1994)

• What is Ps cause(s) of action? Federal or state?
• What is the procedural issue for the court to decide on the motion at issue?
• What are the grounds for the motion?
• How does the court rule on the motion?
• What is the court’s reasoning?

Section 1441(c)

• Whenever a separate and independent claim or cause of action within the jurisdiction conferred by section 1331 of this title is joined with one or more otherwise non-removable claims or causes of action, the entire case may be removed and the district court may determine all issues therein, or, in its discretion, may remand all matters in which State law predominates.

PERSONAL JURISDICTION

• What is personal jurisdiction?
• What constitutional limitations exist on personal jurisdiction

PERSONAL JURISDICTION

• Due process clause of the 14 th^ amendment is outer limits of power to exercise jurisdictional power
• State legislatures can only authorize courts to exercise jurisdiction up to borders of due process clause, but they can also confer only part of the constitutionally permissible jurisdiction

PENNOYER v. NEFF (1877)

• Supreme Court made clear that due process clause set limits on court’s power to hear cases over non-resident defendants
• Pennoyer applied a traditional concept of jurisdiction, which required the physical presence of the defendant or his property within the forum state

BREAKDOWN OF PENNOYER

• Pennoyer proved too confining as the nation’s economy expanded and, in particular, interstate trade grew
• Courts began to resort to legal fictions to permit personal jurisdiction over non-resident defendants who were not physically present in the forum state, such as “implied consent” or “constructive presence”

INTERNATIONAL SHOE

• Why did Washington State sue the International Shoe company?
• What is the issue for decision?
• Describe International Shoe’s argument on this issue?

INTERNATIONAL SHOE

• Describe International Shoe’s contacts with Washington.
• How do the Washington state courts rule on the jurisdiction issue?
• How does the U.S. Supreme Court rule on this issue?

P. 664CB

• “ But now that the capias ad respondendum has given way to personal service of summons or other form of notice, due process requires only that in order to subject a defenant to a judgment in personam, if he be not present within the territory of the forum, he have certain minimum contacts with it such that the maintenance of the suit does not offend “traditional notions of fair play and substantial justice” Docsity.com