Here’s a running list of mnemonics I use in class for various Rules of the FRCP. Some of them I got years ago from my friend Elizabeth Pendo (now at SLU Law). Others I’ve developed and revised through the years. If you have any suggestions for changes or additions, please let me know. PLEADINGS 8(a)(2) – Formerly K.I.S.S. (Conley), […]
What is the difference between personal jurisdiction and notice? Consider how the law has evolved since Pennoyer. Also consider FRCP 4(k)(1)(A). Is service of the summons & complaint necessary to establish PJ? Is it by itself sufficient? What must be served under FRCP 4? What is served under FRCP 5? What is the purpose of FRCP 4(d)? Why would a defendant voluntarily waive […]
Per our class discussion today, here’s some additional info on the Walden v. Fiore decision written this year by Justice Thomas. Here are the facts of the case as described by the Court: Petitioner [and Defendant] serves as a police officer for the city of Covington, Georgia. In August 2006, petitioner was working at the Atlanta Hartsfield–Jackson Airport […]
In class this week, we noted that modern jurisprudence generally treats notice and personal jurisdiction as distinct issues. (The Transient Presence rule is an example of when both notice and PJ can be satisfied simultaneously.) Regarding notice, the question came up in class whether service could be done via Facebook or Twitter. Hot off the presses: […]
