3 Erie R. Co. v. Tompkins 1) Facts of the case 2) Legal question 3) ConclusionWhat is the legal rule for future cases?
4 Federal & State Law Contracts: State law (uniform) Sale of Goods: State law (uniform)+ Federal (regulation of interstate & foreign commerce)Business Associations: State (most aspects) & federal Law (public corporations & securities)Torts: State (common) lawChoice of Law: Federal
5 The Federal Court System United States Supreme Court13 Circuit Courts94 District Courts
6 Subject Matter Jurisdiction Federal Jurisdiction:1) Federal questions (concurrent w/ state courts)2) Diversity suits3) Supplemental jurisdiction (federal & state law claims)State jurisdiction:All other mattersConcurrent jurisdiction with federal courts
7 In personam jurisdiction General jurisdiction:1) Physical presence in New York (not fraud/another hearing)2) Doing business in New York (domestic corporations, licensed foreign corporations)3) Domiciled in New York (incorporation/ principal place of business)4) Consentual jurisdiction (forum selection clause)
8 International Shoe Co. v. State of Washington (minimum contacts) 1) Facts of the case2) Legal question3) ConclusionWhat is the legal rule for future cases?
9 Swedish Match-case 1) Facts of the case 2) Legal question 3) ConclusionWhat is the legal rule for future cases?What is the difference between “doing business in NY” and “transaction of business in NY”?When does the statute of limitations start to run?
10 New York Long Arm Statute Specific jurisdiction:1) transacts business in the state/contract outside NY to supply goods and services in NY2) commits a tortious act in the state3) commits a tortious act outside the state which causes harm in NY ANDA) solicits business or gets revenue from NY ORB) should have expected the act to have consequences in the state ORC) owns property in NYIn rem jurisdiction
11 Forum non conveniens-doctrine Correct but non-convenient forum:Where are witnesses located?Evidence?Parties?Language of evidence?Reliable court system (due process/fair trial)?
12 Procedural aspects Judgment on the pleadings: 1) no outside evidence is introduced2) no factual disputesSummary judgment: Fed. R. Civ. P. 12 (b) 61) outside evidence may be introduced2) discovery must be completed3) no (jury) trial4) no factual disputes
13 Special issues Class Action Suits 1) a number of plaintiffs 2) similar facts 3) represents adequately the class (typical claim, protects others)Derivative Suits (any shareholder in a US corporation can bring a suit on behalf of the corporation)The American Rule (split attorney fees)Contingency Fees (prohibited in Swedish law)
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