Understanding Residency and Personal Jurisdiction of Corporations in Civil Actions, Slides of Civil procedure

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Sec. 1391. - Venue generally (b) Venue in general.--A civil action may be brought in-- (1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located; (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; Docsity.com Corporate residence: § 1391(c)(2) an entity with the capacity to sue and be sued in its common name under applicable law, whether or not incorporated, shall be deemed to reside, if a defendant, in any judicial district in which such defendant is subject to the court's personal jurisdiction with respect to the civil action in question Docsity.com 1391(b)(3) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court's personal jurisdiction with respect to such action. Docsity.com P (S.F. – N.D. Cal.) sues the D1 (D. Mass.) & D2 (D. Del.) Suit is breach of contract action concerning a contract signed in London for the construction of a hospital in Paris D1 built foundation; D2 built structure P gets D1 tagged in San Diego (in SDCal) and D2 tagged (in CDCal) Docsity.com Defenses 1) PJ, SMJ, venue, service, process 2) failure to state a claim 3) negative defenses 4) affirmative defenses Docsity.com No defense or objection is waived by joining it with one or more other defenses or objections in a responsive pleading or in a motion. Docsity.com 12(e) Motion for a More Definite Statement. A party may move for a more definite statement of a pleading to which a responsive pleading is allowed but which is so vague or ambiguous that the party cannot reasonably prepare a response. The motion must be made before filing a responsive pleading and must point out the defects complained of and the details desired. If the court orders a more definite statement and the order is not obeyed within 14 days after notice of the order or within the time the court sets, the court may strike the pleading or issue any other appropriate order. Docsity.com 12(f) Motion to Strike. The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter. The court may act: (1) on its own; or (2) on motion made by a party either before responding to the pleading or, if a response is not allowed, within 21 days after being served with the pleading. Docsity.com FRCP 7. Pleadings Allowed; Form of Motions and Other Papers (a) Pleadings. Only these pleadings are allowed: (1) a complaint; (2) an answer to a complaint; (3) an answer to a counterclaim designated as a counterclaim; (4) an answer to a crossclaim; (5) a third-party complaint; (6) an answer to a third-party complaint; and (7) if the court orders one, a reply to an answer. Docsity.com >, — D ] reply Gf allowed) “answer Cros¢claim reply (if allowe D2 ahswer allswer ~ reply if allowed | reply (if allowed) plaint alls Ww er — «a allswer reply (if allowed) reply Gf allowed) | FRCP 12(a) Time to Serve a Responsive Pleading. (1) In General. Unless another time is specified by this rule or a federal statute, the time for serving a responsive pleading is as follows: (A) A defendant must serve an answer: (i) within 21 days after being served with the summons and complaint; or (ii) if it has timely waived service under Rule 4(d), within 60 days after the request for a waiver was sent . . . (B) A party must serve an answer to a counterclaim or crossclaim within 21 days after being served with the pleading that states the counterclaim or crossclaim. (C) A party must serve a reply to an answer within 21 days after being served with an order to reply, unless the order specifies a different time. Docsity.com http://msgre2.people.wm.edu/Co mplaintAnswer.pdf Docsity.com FRCP 8(c) Affirmative Defenses. (1) In General. In responding to a pleading, a party must affirmatively state any avoidance or affirmative defense, including: • accord and satisfaction; • arbitration and award; • assumption of risk; • contributory negligence; • discharge in bankruptcy; • duress; • estoppel; • failure of consideration; • fraud; • illegality; • injury by fellow servant; • laches; • license; • payment; • release; • res judicata; • statute of frauds; • statute of limitations; and • waiver. Docsity.com 8(c)(2) Mistaken Designation. If a party mistakenly designates a defense as a counterclaim, or a counterclaim as a defense, the court must, if justice requires, treat the pleading as though it were correctly designated, and may impose terms for doing so. Docsity.com SMJ – can bring up at any time Docsity.com failure to state claim, failure to join necessary party: If bring up in a pre-answer motion under R 12, it must be in it – you can’t bring it up in a second pre-answer motion (unless it was not available to you at the time) But, if you can’t bring it up in a second pre- answer motion, you can bring it up in your answer or later Docsity.com pj, venue, process, service If you submit a pre-answer motion under R 12, it must be in it – it cannot be brought up in a second pre-answer motion(unless it was not available to you at the time) If your first response is instead an answer it must be in it (unless you can add it through an amendment “as a matter of course”) Docsity.com