LEGAL
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Extensive text on the legal principles and practical considerations involved in choosing the legal forum for your client's case. Discusses the advantages and disadvantages of the various state and federal options, including the most recent changes governing court jurisdiction and venue. Provides detailed tables listing the state variations most likely to determine forum choice, and a synthesis of the Constitutional limits on state court jurisdiction. Examines the latest developments in Federal Rules of Civil Procedure, and recent case law; discussing circumstances in which courts enforce prorogation or exclusive forum clauses. Includes detailed index, and tables of statutes and cases.
CHAPTER 1 Introduction
Alternative fora
Importance of making the best choice
Plaintiff's choices
Legal limitations
Defendant's choices
Forum selection by contract
International forum shopping
Chapter 2 - Practical and Tactical Considerations
Cost considerations
Availability of compulsory process
Availability of favorable procedure
Availability of favorable substantive and remedial law
Effect of the judgment
Appellate procedure
Chapter 3 - Subject Matter Limitations on Jurisdiction
OVERVIEW
Subject matter jurisdiction
SCOPE OF FEDERAL JUDICIAL POWER
Article IIIIn general
Cases and controversies
Eleventh Amendment
Enjoining state action
Lower federal courts
Federal question jurisdiction
Diversity of citizenship
Admiralty
Suits to which the United States is a party
Exclusive and concurrent jurisdiction
Removal jurisdiction
Supplemental jurisdiction
Interpleader jurisdiction
Absention
Alternative Dispute Resolution
Chapter 4 - Jurisdiction over Persons and Property
Jurisdiction over the person
Constitutional limitations on jurisdiction over the person
Transient jurisdiction
Summary of constitutional bases for personal jurisdiction
Jurisdiction of the person
Jurisdiction over property
Continuing jurisdiction
Forum non conveniens
Venue
Venue transfer for convenience
Chapter 5 - Long-Arm Jurisdiction
Long-arm statutes
Typical provisions
Specific jurisdiction
Fiduciary shield
Supplemental long-arm jurisdiction
Long-arm contacts through the Internet
Chapter 6 - Choosing Between State and Federal Courts
Differences between state and federal courts
Advantages of federal courts for defendants
Manipulation of federal jurisdiction
Devices to prevent removal
Chapter 7 - Challenging Jurisdiction
Subject matter jurisdiction
Personal jurisdiction
Objections to personal jurisdiction before judgment
Objections to personal jurisdiction after judgment
Collateral attack
Res judicata effect of jurisdictional rulings
Limited appearance
Fraud in procuring jurisdiction
Immunity from service of process
APPENDIX A PART 1: STATE VARIATION TABLES
APPENDIX A PART 2: STATE VARIATION TABLES: CHOICE OF LAW
APPENDIX A PART 3: STATE VARIATION TABLES: STATUTES OF LIMITATIONS AND BORROWING STATUTES
APPENDIX B LONG-ARM STATUTES
TABLE OF STATUTES
TABLE OF CASES
INDEX
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