I.
(PJ) ANALY
III. Venuesolely governed by statutes & is discretionary
28 U.S.C. 1391defines where you reside for purposes of residency test
i.e. where you are domiciled
For corporations: based on where you have sufficient minimum
contacts; district-by-district analysis for PJ
For flesh and blood sIts where they reside
1391(d)alien corporations are subject to suit where they do
business AND any federal judicial district
Three tests for venue:
1. Residency testWherever a single lives/resides; If there is more
than one , all s have to reside in the same state
2. Transactional testAnywhere where the incident took place
3. Fallback* testAllows for venue to be appropriate where any has
sufficient minimum contacts i.e. most likely in international events
Federal district courts can transfer cases amongst themselves; not states.
1404
A. Forum Non Convenienscan only be filed by ; courts discretion
standard for dismissal in forum non conveniensused in federal foreign
If there are administrative problems w/ the court being able to hear
this case, then it can be moved.
Maybe the court would have to apply a strange, or foreign law;
Overwhelmed w/ cases; Burdensome to the court
Excessively burdensome on the --where is the evidence/witnesses
located? Cost?--s agree to waive SOL ahead of time
**Dismissal not allowed b/c law of one forum not economically viable
IV. Erie The Rules of Decision Act, 28 U.S.C. 1652 The laws of the
several states, except where the Constitution or treaties of the United States
or Acts of Congress otherwise require or provide, shall be regarded as rules
of decision in civil actions in the courts of the United States, in cases where
they apply.refers to state statutes; no federal common law
V. Pleading
Twombly standardhave to make a showing (outside of facts) that
makes the claim plausible on its face (heightened pleading)
Iqbal standard2 pronged approach
1. For 12(b)(6) motions the courts must assume that all
allegations are 100% correct
conclusory legal allegations are not treated this way
2. Only a claim that is plausible will survive the motion to dismiss
Conley standardalmost anything short of a mere possibility would
be allowed; cant prove facts to support claim then it should be
dismissed
Rule 3complaint filed in court
Rule 44(k)(1)(a) Gives the federal district courts the same long-arm
statute the lower state courts use; 4(e)(2)(A): tagging; 4(e)(2)(C):
Pineapple Express tagging exceptions didnt get in mail or doesnt
speak English; 4(e)(2)(B): 1st class mail serviceget 60 days to
respond if waives service (90 days if foreign ) otherwise 21 days
to respond;
Rule 8governs pleading; 8(a)(3) short & plain statement showing
pleader entitled to relief; 8(a)(1) short & plain language regarding
SMJ; 8(a)(3) prayer for relief being sought; 8(c) affirmative defenses
must be raised in the answer3 or they will be waived; 8(b)(6)
affirmative defenses are automatically treated as denied by the
opposing party
Three possible responses to a complaint: default, pre-answer
motion, answeranswer must respond to all facts alleged;
what does it require (broad view); what must a plead (narrow
view)
Pre-answer motion addresses only the issue that is
problematic; has 21 days after this to serve the actual answer
unless the case is not dismissed
Answer provides the blueprint for the rest of litigationcan
deny, admit,
Rule 9(b)fraud allegations must be plead w/ specificity
Rule 11 Sanctions11(a) all documents have to be signed by an
attorney that are being submitted before the court; 11(b)(1) not being
presented for any improper purpose to harass or burden someone;
11(b)(2) claims or defenses are warranted by existing law; 11(b)(3)
factual allegations have evidentiary support after a reasonable inquiry
has been done; 11(b)(4) denials of the facts also have an evidentiary
basis; 11(c)(5)(a) no sanction can be places on party for legal
mistake. Only lawyer held liable for legal mistake.
Courts own initiative; party requests it21 day window that
must exist before filing a motion under Rule 11motion has
to be drafted and served to the other sidehas to wait 21 days
before sending it to the court (allows party to cure)
Non-monetary (public reprimands, etc.); monetary (pay
penalty, attorney fees to the other side that flow from the
violation)
Does not touch on any discovery violationscannot be filed
w/ other motions; 11(b) below
1. Not being presented for any improper purpose to harass or
burden someone
2. Claims or defenses are warranted by existing law if you have
adverse law in your jurisdiction, you can say you have a non-
frivolous, good faith basis for why the law should be changed
or amended
3. Factual allegations have evidentiary support after a reasonable
inquiry has been done
4. Denials of the facts also have an evidentiary basis
Rule 12 defenses12(b)(1) lack of SMJ; 12(b)(2) lack of PJ; 12(b)
(3) improper venue; 12(b)(4) insufficient process; 12(b)(5)
insufficient service of process; 12(b)(6) failure to state a claim upon
which relief can be grantedwaived unless you bring it up at
beginning of suit EXCEPT for 12(b)(6); 12(f) allows challenge to part
of a claim instead of the entire claimstrike out an invalid argument;
12(c) motion for a judgment on the pleadingsonly filed after the
answers
Rule 13states that compulsory counterclaims must be listed
Rule 1515(c) allows incorrect to be removed & the correct to
be added after the SOL has runcomplaint filed, SOL expires, seek
to amend complaint; 15(a) complaint filed, seek to amend complaint,
SOL expires
Rule 84appendix of forms will suffice (brevity)
Amendments
must be made 21 days after you serve your own pleading, or if pleading
requires response then within 21 days of response. Can amend once. Courts
can grant permission to amend, will look at: 1. Undue delay 2. Bad faith 3.
Futile 4. Prejudice