Flashcards in FedJur Deck (68)
Main subject matter jurisdication (MJ) cases in Fed court?
1. Diversity of citizenship, alienage
2. Federal question
MJ - Diversity and alienage - 2 requirements
1. Between citizens of different states OR between state citizen and foreign country
2. Amount in controversy >$75k (NOT =$75k, not including interest)
ESSAY: ALWAYS MENTION BOTH WHEN DISCUSSING MJ
Complete diversity rule:
If ANY plaintiff is a citizen of the same state as ANY defendant
NO DIVERSITY JURISDICTION
US citizen domiciled abroad
Citizen of state
No diversity jurisdiction
Citizen of state
How to determine "state of citizenship"?
How to determine domicile?
Physical presence in state
intent to make state your permanent home
Relevant time for domicile determination?
When case filed (not when event occurred)
Citizenship of corporations
State/country of incorporation
Where it has principal place of business (where managers direct, coordinate and control corp activities - "nerve center" - HQ)
(can have more than one citizenship!)
Citizenship of LLC, partnership
Citizenship of all members, incl. GPs, LPs
Decedent, minor, incompetent - citizenship?
Theirs, not their guardian
Doubt re >$75k?
Any good faith claim is considered
UNLESS "clear to a legal certainty" that it cannot be recovered.
Actual award relevant?
Not to jurisdiction.
But if awarded less than $75k P may be liable for litigation costs.
Aggregation of claims = >75k - OK?
Yes if same defendant
"Joint" tortfeasors - OK
Value of injunction - 2 alternative tests
Decrease of value to P
Cost of compliance with injunction.
Exclusions to Fed court orders
No divorce, alimony, child custody decree, no probate
Federal Question MJ - define
"Right or interest founded substantially on federal law / constitution"
(Citizenship and amount - irrelevant)
Test for Fed Questuin MJ?
"Well pleaded complaint" rule.
Federal if simply stating claim?
("Is P enforcing a federal right?")
Does every claim need to have MJ?
After filing, "Supplemental Jurisdiction" claims may be added LATER
Test for Supplemental Jurisdiction claim
"Common nucleus of operative fact"
(Always when arising from same transaction/occurrence)
Exception to Supp Jur
P cannot use to overcome lack of diversity IN DIVERSITY CASE
(Eg. in suit against out-of-stater, cannot add D from his state), even when arises from same occurrence)
(Can overcome lack of 75k even in diversity case)
Supp Jur to overcome lack of diversity in Fed Q case?
In FED Q CASE, can add D who does not have diversity or FedQ jurisdiction, if "common nucleus" fulfilled.
Court discretion not to hear Supp claim if:
Fed Q dismissed early
State law claim complex
State law issues predominate
State "removes" to Fed
Fed ____ to State
When can D request removal?
30d after service of 1st paper making case removable.
(In case of multiple D's - after service to last one)
Removal in case of multiple D's?
All Ds must request
2 exceptions to removal - DIVERSITY CASES ONLY!
If any D is citizen of forum ("instate rule").
1y+ after case filed in state court (unless P acts in bad faith to prevent removal)
Time limit on raising MJ / remand to state court?
(For other grounds after removal - within 30d)
Erie doctrine - which law - hierarchy:
(1) Federal law directly conflicting with state law --> Fed Law (Supremacy clause)
(2) "Easy" issue - elements of claim/defense, SoL, tolling SoL, choice of law --> state law
(3) Substantive issue --> state law (see next slide)