Civ Pro Flashcards
(19 cards)
Supplemental Jurisdiction
non-federal, non-diversity claims if it shares a common nucleus of operative fact UNLESS
asserted y P in a diversity of citizenship case AND asserted agaisnt citizen of the same state as P
Limitation of Supplemental Jurisdiction
in a DIVERSITY case, PLAINTIFF cannot use SUPPLEMENTAL jurisdiction to overcome lack of diversity
What is aggregation and when can you aggregate claims
adding two or more claism to meet amount requirement in diversity jurisdiction.
can aggregate claims of one P agaisnt the same D
Even if diversity is met, which cases will a federal court refuse to hear?
divorce, alimony, child custody, probate of state
What is the two step analysis for PJ?
satisfy state statute AND due process
When is PJ constitutional?
1) domiciled in forum
2) consents
3) voluntarily present in forum when served with process
4) contact/relatedness fairness
PJ 2 factor test for contact Factors
- contact must be purposeful availment
- foreseeable that D could get sued there
msut also assess fairness factos:
- brurden on D and wirnesses
- state interest
- P’s itnerest
Specific PJ v. general pj
does P’s claim arise from D’s contact with the forum, if not then need general pj
when do you test for diversity?
when case is filed
what is a coporation’s domocile
- state or cuntry where incorporated
2. PPb (nerve center/HQ)
LLC incorporation
where each member is a citizen; NOR where it is formed
Well pleaded complaint rule
claim ITSELF must arise under federal law
Removal
D can remove from state court to federal court
P CAN NEVER REMOVE.
any case can be removed if it meets diversity or FQ UNLESS
in DIVERSITY OF CITIZENSHIP JURISDICTION, D is a citizen of the forum AND no removal more than one year after case was FILED
fiel for removal in FEDERAL court
When must P file for improper removal
30 days after notice of removal. UNLESS
court lacks SMJ then anytume and MUST be remanded
Erie Doctrine
- Ask if there is some federal law on point that conflucts with state law, applt federal
- if no federal law on point, determine if substantive, then state laws. the followinf is consiered substantive:
- elements of a claim or defense
- SOL
- tolling
- conflict(or choice)of law rules - if not on point, judge must determine whether the issue is substantive:
- outcome determinative
- balance of itnerest
- avoid forum shoppinf
Venue proper
- any district where ALL D reside or
- substantial part of claim arose
in removed case- venue set in district that embraced state court
Where is venue proper for businesses
ALL districts were subject to PJ for this case
Transfer of venue
Only transfer to a district where case COULD HAVE been filed: must be a proper venue and have PJ over D
transferee must be proper WITHOUT waiver
MUST a court transfer
no, alayds discretionary based on convenience of parties and wirnesses and on interest of justice
if imporpoer vneue: can transfer or dismiss
