Aggregation - Civil Procedure - Lecture Slides, Slides of Civil procedure

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aggregation v. supplemental jurisdiction

P (NY) sues D1 (CA) and D2(CA) in federal court in CA under state law battery P asks for $40K from each

P (NY) sues D1 (CA) and D2(CA) in federal court in CA under state law battery P asks for $80K from D1 and $40K from D2 Docsity.com

Pennoyer v Neff (US 1878)

Amendment XIV. Section 1.

... nor shall any State deprive any person of life, liberty, or property, without due process of law…

The Pennoyer Framework

in personam – source of PJ is presence of D at initiation of suit (NOT at time of event being adjudicated)

tagging

quasi in rem

source of PJ is D’s property in state at initition of suit, but suit does not have to concern property

although if P wins, D’s property may be used to execute judgment

challenging PJ

• P sues D in state court in Oregon
• Service on D is in hand in Oregon
• D defaults
• P sues on the judgment in state court in California
• Why does the California court have to give the Oregon judgment any respect at all?

Art IV, § 1. Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

28 U.S.C. § 1738. - State and Territorial statutes and judicial proceedings; full faith and credit ... The records and judicial proceedings of any court of any such State, Territory or Possession, or copies thereof, shall be proved or admitted in other courts within the United States and its Territories and Possessions by the attestation of the clerk and seal of the court annexed, if a seal exists, together with a certificate of a judge of the court that the said attestation is in proper form. Such Acts, records and judicial proceedings or copies thereof, so authenticated, shall have the same full faith and credit in every court within the United States and its Territories and Possessions as they have by law or usage in the courts of such State, Territory or Possession from which they are taken.

• P sues D in federal court in Oregon
• Service on D is in hand in Oregon
• D defaults
• P sues on the judgment in state court in Oregon
• Why does the state court have to give the federal judgment any respect at all?

• Mitchell, an Oregon resident, sues Neff, a California resident, in Oregon state court for unpaid lawyer’s fees that - Neff incurred in Oregon while he was a resident of Oregon. Neff now lives in Cal.
• There is in-hand service of the summons and complaint upon Neff while he is in Oregon on a brief business trip

• Mitchell, an Oregon resident, sues Neff, a California resident, in Oregon state court for unpaid lawyer’s fees that
• Neff incurred to Mitchell in California
• Neff was never an Oregon resident
• There is in-hand service of the summons and complaint upon Neff while he is in Oregon on a brief business trip