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The Statutes
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Can the Claim be in Federal Court?

• FQ 1331
• Diversity 1332
• For any claim beyond an anchor claim, either
  1331, 1332 or 1367

• FQ The district courts shall have original
  jurisdiction of all civil actions arising under
  the Constitution, laws, or treaties of the United
  States.

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Diversity - 1332 - (slide a)

• (a) The district courts shall have original
  jurisdiction of all civil actions where the
  matter in controversy exceeds the sum or value of
  75,000, exclusive of interest and costs, and is
  between(1) citizens of different States(2)
  citizens of a State and citizens or subjects of a
  foreign state(3) citizens of different States
  and in which citizens or subjects of a foreign
  state are additional parties and(4) a foreign
  state, defined in section 1603 (a) of this title,
  as plaintiff and citizens of a State or of
  different States.

• (a) For the purposes of this section, section
  1335, and section 1441, an alien admitted to the
  United States for permanent residence shall be
  deemed a citizen of the State in which such alien
  is domiciled.
• (b) Except when express provision therefor is
  otherwise made in a statute of the United States,
  where the plaintiff who files the case originally
  in the Federal courts is finally adjudged to be
  entitled to recover less than the sum or value of
  75,000, computed without regard to any setoff or
  counterclaim to which the defendant may be
  adjudged to be entitled, and exclusive of
  interest and costs, the district court may deny
  costs to the plaintiff and, in addition, may
  impose costs on the plaintiff.

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Diversity - 1332 - (slide b)

• .(c) For the purposes of this section and section
  1441 of this title (1) a corporation shall be
  deemed to be a citizen of any State by which it
  has been incorporated and of the State where it
  has its principal place of business, except that
  in any direct action against the insurer of a
  policy or contract of liability insurance,
  whether incorporated or unincorporated, to which
  action the insured is not joined as a
  party-defendant, such insurer shall be deemed a
  citizen of the State of which the insured is a
  citizen, as well as of any State by which the
  insurer has been incorporated and of the State
  where it has its principal place of business

• and(2) the legal representative of the estate of
  a decedent shall be deemed to be a citizen only
  of the same State as the decedent, and the legal
  representative of an infant or incompetent shall
  be deemed to be a citizen only of the same State
  as the infant or incompetent

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SJ - 1367 - For Beyond Anchor Claim

• (a) Except as provided in subsections (b) and (c)
  or as expressly provided otherwise by Federal
  statute, in any civil action of which the
  district courts have original jurisdiction, the
  district courts shall have supplemental
  jurisdiction over all other claims that are so
  related to claims in the action within such
  original jurisdiction that they form part of the
  same case or controversy under Article III of the
  United States Constitution. Such supplemental
  jurisdiction shall include claims that involve
  the joinder or intervention of additional parties.

• Good news
• You dont have to worry about (b) or (c) until
  next year.

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Which State(s) PJ Statutes

• FRCP 4(k)(1)
• (A) state long arm statute authorizes service
• (B) rule 14 and 19
• (C) Federal statute authorizes service of process

• So
• State claim look to state long arm statute
• Federal claim
• State long arm statute
• Federal statute with nation-wide service of
  process (serve defendant anywhere it can be found)

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State Long Arm Statutes

• Reaches to limits of Constitution in any
  action where prosecution of the action against a
  defendant in this state is not inconsistent with
  the Constitution of this state or the
  Constitution of the United States. (Oregons
  statute)

• Doesnt reach to limits (Ohio)
• (A) A court may exercise personal jurisdiction
  over a person who acts directly or by an agent,
  as to a cause of action arising from the
  person's???(1) Transacting any business in this
  state???(2) Contracting to supply services or
  goods in this state???(3) Causing tortious
  injury by an act or omission in this state???(4)
  Causing tortious injury in this state by an act
  or omission outside this state if he regularly
  does or solicits business, or engages in any
  other persistent course of conduct, or derives
  substantial revenue from goods used or consumed
  or services rendered in this state???(5) Causing
  injury in this state to any person by breach of
  warranty expressly or impliedly made in the sale
  of goods outside this state when he might
  reasonably have expected such person to use,
  consume, or be affected by the goods in this
  state, provided that he also regularly does or
  solicits business, or engages in any other
  persistent course of conduct, or derives
  substantial revenue from goods used or consumed
  or services rendered in this state???(6) Causing
  tortious injury in this state to any person by an
  act outside this state committed with the purpose
  of injuring persons, when he might reasonably
  have expected that some person would be injured
  thereby in this state???(7) Causing tortious
  injury to any person by a criminal act, any
  element of which takes place in this state, which
  he commits or in the commission of which he is
  guilty of complicity.???(8) Having an interest
  in, using, or possessing real property in this
  state???(9) Contracting to insure any person,
  property, or risk located within this state at
  the time of contracting.???(B) For purposes of
  this section, a person who enters into an
  agreement, as a principal, with a sales
  representative for the solicitation of orders in
  this state is transacting business in this state.
  As used in this division, "principal" and "sales
  representative" have the same meanings as in
  section 1335.11 of the Revised Code.???(C) When
  jurisdiction over a person is based solely upon
  this section, only a cause of action arising from
  acts enumerated in this section may be asserted
  against him.?

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Venue Which District(s) in the State(s)?

• (a) A civil action wherein jurisdiction is
  founded only on diversity of citizenship may,
  except as otherwise provided by law, be brought
  only in(1) a judicial district where any
  defendant resides, if all defendants reside in
  the same State,(2) a judicial district in which a
  substantial part of the events or omissions
  giving rise to the claim occurred, or a
  substantial part of property that is the subject
  of the action is situated, or(3) a judicial
  district in which any defendant is subject to
  personal jurisdiction at the time the action is
  commenced, if there is no district in which the
  action may otherwise be brought

• .(b) A civil action wherein jurisdiction is not
  founded solely on diversity of citizenship may,
  except as otherwise provided by law, be brought
  only in(1) a judicial district where any
  defendant resides, if all defendants reside in
  the same State,(2) a judicial district in which a
  substantial part of the events or omissions
  giving rise to the claim occurred, or a
  substantial part of property that is the subject
  of the action is situated, or(3) a judicial
  district in which any defendant may be found, if
  there is no district in which the action may
  otherwise be brought.

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Corporations Venue

• Whew!

• (c) For purposes of venue under this chapter, a
  defendant that is a corporation shall be deemed
  to reside in any judicial district in which it is
  subject to personal jurisdiction at the time the
  action is commenced. In a State which has more
  than one judicial district and in which a
  defendant that is a corporation is subject to
  personal jurisdiction at the time an action is
  commenced, such corporation shall be deemed to
  reside in any district in that State within which
  its contacts would be sufficient to subject it to
  personal jurisdiction if that district were a
  separate State, and, if there is no such
  district, the corporation shall be deemed to
  reside in the district within which it has the
  most significant contacts.

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VenueTransfer Dismissal?