Civil Procedure Flashcards
(29 cards)
Complete Diversity of Citizenship exists when
No plaintiff shares state citizenship with any Defendant.
Citizenship for class action lawsuits is determined by
the domicile of all named class members
Diversity Jurisdiction for class actions are determined by
(1) the citizenship of all named members
(2) one of their claims exceeds $75,000.
Properly on Diversity Jurisdiction, another plaintiff may invoke supplemental jurisdiction on an additional claim if
(1) the claim asserted arises from the same common nucleus of operative facts as the first claim
(2) complete diversity is not destroyed.
The elements of diversity jurisdiction are
(1) complete diversity of citizenship
(2) state law claim(s) that exceed the statutory amount in controversy
The statutory amount in controversy is
(1) $75,000
(2) exclusive of interest, costs, and fees in bringing the action
(3) inclusive of attorney’s fees recoverable by contract and interest that is part of the claim.
A state law claim exceed the statutory amount in controversy when
A plaintiff makes a good faith allegation that the amount of their claim exceeds $75,000.
Alienage Jurisdiction is a case or controversy
(1) between a citizen of a U.S. state and a citizen of a foreign country
(2) that exceeds $75,000
Alienage Jurisdiction is denied when
the foreign citizen is admitted to the U.S. for permanent residency and is domiciled in the same state as the opposing U.S. citizen.
Under the Erie doctrine, a federal court
(1) on diversity jurisdiction applies state substantive law and federal procedural law.
(2) on federal question jurisdiction applies federal substantive and procedural law.
The state citizenship of an individual is determined by
the state of their permanent home to which they intend to return as evidenced by their employment, voting, ID’s, birth, marriage, family, etc.
The state citizenship of a corporation is determined by
(1) every state in which the corporation is incorporated
(2) the 1 state in which it maintains the corporation’s principal place of business.
A corporation’s principal place of business is
it’s nerve center.
A corporation’s nerve center is
the state from which the high-level officers direct, control, coordinate the business activities.
A corporation’s nerve center is not
the place of physical operation
Aggregation is permissible if
(1) single plaintiff asserting unrelated claims against single defendant
(2) multiple plaintiffs assert one joint right or title against a single defendant.
Generally, aggregation is NOT permissible if
(1) single plaintiff asserting unrelated claims against multiple defendants
When subject matter jurisdiction is solely on diversity in state court, a defendant may/may NOT
(1) remove to federal court
(2) NOT remove to federal court if they are a citizen of the state where plaintiff filed
When subject mater jurisdiction is solely on diversity in state court, a plaintiff may NOT
(1) remove to federal court
(2) consent (waive) to defendant’s removal.
A second plaintiff has permissive joinder of their claim on supplemental jurisdiction if
(1) their joinder of the claim arises from the same common nucleus of operative fact as the first plaintiff’s diversity claim
(2) their joinder as a party does not destroy complete diversity.
A party’s citizenship for purposes of diversity is determined at the time
the lawsuit is filed
The amount in controversy requirement in a class action lawsuit is satisfied if
any named class representative’s claim exceeds $75,000.
Intervention as a matter of right occurs when
(1) the intervenor claims an interest relating to the property or the transaction that is the subject of the action
(2) the action may adversely affect that interest by their not intervening
Fed in diversity
Eerie,
if stat or FRCP on point, apply it to case if valid under Rules Enabling Act b/c prac. or proc. and not modify sub. right
if no FRCP, state sub law if clear substant.
if no FRCP, state law unclear proc. or sub. then (i) outcome determination (ii) balance of interest
(iii) forum shopping
