Diversity of Citizenship Jurisdiction Flashcards
(37 cards)
What is required for diversity jurisdiction?
need “complete diversity” - no PL may be a citizen of the same state as any D and the amount in controversy must exceed $75K (exclusive of interests and costs)
What is alienage jurisdiction?
federal court has SMJ over disputes between a citizen of a U.S. state and an alien
Is there jurisdiction when an alien has been admitted to U.S. as perm. resident and is domiciled in same state as U.S. citizen-opponent?
No
Is there jurisdiction over an action by an alien against an alien?
No
Can aliens appear as additional parties?
so long as there are citizens of U.S. on both sides
When do we analyze whether diversity of citizenship exists?
at the time the suit is instituted (does not need to exist when the COA arose and is not defeated if, after suit is filed, party becomes citizen of same state as opponent)
How do we determine citizenship of individuals?
depends on their natural home to which he intends to return (citiz. of child is that of her parents)
How do we determine citizenship of corporations?
citizen of every state and foreign country in which it is incorporated
and
the one state or foreign country in which it has its PPB
What is the PPB?
state/country in which its high level officers direct, control, and coordinate activities (HQs, typically)
What is the citizenship of a partnership?
that of each and every partner
How do we determine citizenship for uninc. associations and LLCs?
considered citizen of each state of which any member is a citizen
What is the citizenship of a legal representative?
(that of the estate of decedent, infant, incompetent) = same as those people
How do we determine citizenship in class action?
based on citizenship of the named members of the class who are suing
What is supplemental jurisdiction?
where a court may entertain claims that, by themselves, do not meet the requirements of a FQ jurisdiction or diversity IF
the claims arise from a common nucleus of operative fact as that claim invoked in original claim (that gives rise to jurisd)
A claim by or against an additional party must satisfy some basis of
federal SMJ (like diversity or FQ) if it doesn't, could still fall under SJ (common nucleus), but there are restrictions to use of SJ
Under SJ statute, is there SJ for claims by original parties against intervening Ds or claims by intervening PLs?
Not when intervention is as of right
may only proceed if there is an independent a basis for SMJ
What happens when a party is substituted?
we don’t care about the citizenship of substituting party - that of the original party controls
** this is not so if the party is replaced (wrong party) - the citiz. of replacement party will control
What is a cross-claim?
Claim by one co-party against another
When can you assert a cross-claim?
if the claim arises from the same transaction or occurrence as underlying dispute (even if doesn’t meet div/fq, can be asserted under SJ)
Are attorneys fees considered when determining AIC?
Yes
Can PL aggregate all claims against single D to meet AIC?
yes
Can PL aggregate claims against several Ds?
Yes, if the Ds are jointly liable to PL
Can PL aggregate claims based on separate claims or concurrent liabilities?
no
Can several PLs aggregate claims?
if they are seeking to enforce a single title or right in which they have a common interest or undivided interest
