Personal jurisdiction for federal court sitting in diversity

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jkay
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Personal jurisdiction for federal court sitting in diversity

Postby jkay » Sat May 07, 2011 9:22 pm

I have this in my notes: "In diversity cases, a federal court has exactly the same amount of personal jurisdiction the state court would have."

Assuming this is correct, is this simply because the state's long-arm statute is potentially outcome determinative? It seems simple enough, but I can't shake the feeling that I am missing something.

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PKSebben
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Re: Personal jurisdiction for federal court sitting in diversity

Postby PKSebben » Sat May 07, 2011 9:28 pm

jkay wrote:I have this in my notes: "In diversity cases, a federal court has exactly the same amount of personal jurisdiction the state court would have."

Assuming this is correct, is this simply because the state's long-arm statute is potentially outcome determinative? It seems simple enough, but I can't shake the feeling that I am missing something.


Yes, you must first look to the state's long-arm statute in a diversity PJ analysis, so that is why your notes say that.

jkay
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Re: Personal jurisdiction for federal court sitting in diversity

Postby jkay » Sat May 07, 2011 9:32 pm

And then, presumably, that state's high court interpretation of their own long-arm statute?

Basically, we are going to have to answer a question about PJ in a state court and in diversity. Assuming that both would be in the same state, the federal analysis of personal jurisdiction would theoretically be exactly the same as the state analysis, including case law, yes?

Retiarius
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Re: Personal jurisdiction for federal court sitting in diversity

Postby Retiarius » Sat May 07, 2011 9:45 pm

Rule 4(k)(1)(A) of the F.R.C.P. essentially allows a federal court to use the long-arm statute of whatever state it's in.

This might be what your notes were referring to.

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PKSebben
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Re: Personal jurisdiction for federal court sitting in diversity

Postby PKSebben » Sat May 07, 2011 10:17 pm

jkay wrote:And then, presumably, that state's high court interpretation of their own long-arm statute?

Basically, we are going to have to answer a question about PJ in a state court and in diversity. Assuming that both would be in the same state, the federal analysis of personal jurisdiction would theoretically be exactly the same as the state analysis, including case law, yes?


The interpretation of long arm statute by the state's highest court is binding upon the federal courts therefore making the power of both courts co-extensive..




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