Wednesday audio w/ extra 10 minutes--Section A, Section B. As noted, double sessions for both sections on Friday, April 12; no class on Friday, April 19; final meeting on Thursday, April 18. Essay # 6 will post next Wednesday, April 10 and will be due on Wednesday, April 17.
We will finish SMJ with Removal. What is the process for removing and what can a plaintiff do following removal? Note the sample Notices in Kinsmann and Maldruccio.
Move to Personal Jurisdiction. Before doing anything, read the Preliminaries of Personal Jurisdiction Blog Post for background. Then prep all of Shift to Minimum Contacts, including Glannon pp. 93-100, then read World Wide Volkswagen. Review FRCP 12(h)(1).
• How can each party consent or submit to a court's jurisdiction?
• What is general personal jurisdiction, what is pecific personal jurisdiction, and how do they differ?
• Why do they call them "Long Arm Statutes?"
• How does the PJ analysis in federal court compare with the PJ analysis in state court?
• Consider:
A (TX) sues X (NY) for diversity in Texas state court; the amount in controversy exceeds $ 75,000. X does not believe he is subject to personal jurisdiction in Texas. His forum preferences, in order, are: 1) anywhere other than Texas; 2) federal court in Texas; 3) state court in Texas. As X's lawyer, what is your procedural strategy to obtain the most favorable forum?
• Consider the party line-up in World Wide Volkswagen:
Robinson (NY) sued Audi (a German company), Volkswagen of America (the US subsidiary, a NJ corporation with PPB in NJ), World-Wide Volkswagen (the regional distributor, a NY corporation), and Seaway (local dealer, a NY corporation). Robinson sued in Oklahoma state court. Audi and VWA are subject to PJ in Oklahoma, but prefer federal court? How can they make that happen?
Also, Robinson and his family were driving through Oklahoma as part of a permanent move from NY to Arizona; Robinson had a new job and the family planned to stay in Arizona permanently. Why is Robinson a NY citizen?
• How does World Wide adjust the two pieces of the Shoe standard and how do the two connect? How does a defendant establish "certain minimum contacts?" How can a defendant "purposefully avail?" In what way(s) did WW and Seaway, perhaps, purposefully avail?
