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NY Bar 2014 > FedJur > Flashcards

Flashcards in FedJur Deck (68):
1

Main subject matter jurisdication (MJ) cases in Fed court?

1. Diversity of citizenship, alienage
2. Federal question

2

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

3

Complete diversity rule:

If ANY plaintiff is a citizen of the same state as ANY defendant
NO DIVERSITY JURISDICTION

4

US citizen domiciled abroad
v
Citizen of state

No diversity jurisdiction
(not alien)

5

Foreign citizen
v
Citizen of state

Diversity jurisdiction!
(Alienage)

6

How to determine "state of citizenship"?

Domicile

7

How to determine domicile?

Physical presence in state
AND
intent to make state your permanent home

8

Relevant time for domicile determination?

When case filed (not when event occurred)

9

Citizenship of corporations

State/country of incorporation
AND
Where it has principal place of business (where managers direct, coordinate and control corp activities - "nerve center" - HQ)
(can have more than one citizenship!)

10

Citizenship of LLC, partnership

Citizenship of all members, incl. GPs, LPs

11

Decedent, minor, incompetent - citizenship?

Theirs, not their guardian

12

Doubt re >$75k?

Any good faith claim is considered
UNLESS "clear to a legal certainty" that it cannot be recovered.

13

Actual award relevant?

Not to jurisdiction.
But if awarded less than $75k P may be liable for litigation costs.

14

Aggregation of claims = >75k - OK?

Yes if same defendant
"Joint" tortfeasors - OK

15

Value of injunction - 2 alternative tests

Decrease of value to P
Cost of compliance with injunction.

16

Exclusions to Fed court orders

No divorce, alimony, child custody decree, no probate

17

Federal Question MJ - define

"Right or interest founded substantially on federal law / constitution"
(Citizenship and amount - irrelevant)

18

Test for Fed Questuin MJ?

"Well pleaded complaint" rule.
Federal if simply stating claim?
("Is P enforcing a federal right?")

19

Does every claim need to have MJ?

Yes!
After filing, "Supplemental Jurisdiction" claims may be added LATER

20

Test for Supplemental Jurisdiction claim

"Common nucleus of operative fact"
(Always when arising from same transaction/occurrence)

21

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)

22

Supp Jur to overcome lack of diversity in Fed Q case?

Yes!
In FED Q CASE, can add D who does not have diversity or FedQ jurisdiction, if "common nucleus" fulfilled.

23

Court discretion not to hear Supp claim if:

Fed Q dismissed early
State law claim complex
State law issues predominate

24

State "removes" to Fed
Fed ____ to State

Remands

25

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)

26

Removal in case of multiple D's?

All Ds must request

27

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)

28

Time limit on raising MJ / remand to state court?

Anytime.
(For other grounds after removal - within 30d)

29

Erie doctrine - which law - hierarchy:

(1) Federal law directly conflicting with state law --> Fed Law (Supremacy clause)
IF NOT
(2) "Easy" issue - elements of claim/defense, SoL, tolling SoL, choice of law --> state law
IF NOT
(3) Substantive issue --> state law (see next slide)

30

"Substantive issue" tests

(i) Determinative for case? Yes --> substantive --> state law
(ii) Balance of interest - does state or fed have a strong interest in having its rule applied?
(iii) Avoid forum shopping - if ignoring state law will cause ppl to flock to Fed court --> state law

31

Venue

Any district where:
all D's reside OR
substantial part of claim arose.

32

All D's in different districts in same state?

Any district in which any resides.

33

"Reside" means

Domicile.
Corp - all the different classifications

34

Transfer of venue - where permissible?

Only to a fed district where case could have been brought.
Or any district at all where all parties consent if there is "cause" for the transfer.

35

Court discretion to transfer venue

Convenience of parties, witnesses, interests of justice.
AND
Public/private factors showing that other court is "center of gravity"

36

Choice of law after transfer?

Of original venue.

37

Service of process - what and when?

Summons + copy of complaint
120 days after filing case (can show good cause if later).

38

Who serves?

Non-party
18+

39

Laws applicable to service

Must comply with any of:
FRCP
state law where court located
state law where service effected.

40

3 forms of service under FRCP?

Personal service -- anywhere in forum state
Substituted service - D's usual abode, with someone residing there of suitable age and discretion.
Agent service - to D's agent who is authorized to receive.

41

Waiver of service

Mail to D with waiver form and prepaid postage for return.
If no waiver, D can be liable for cost of service.

42

NY fed court serves outside NY?

Only to the extent NY state court can serve.

43

Condition for joinder of P's or D's

Arising frm same transaction/occurrence
AND
Raise same legal question.
THEN we look at MJ (diversity, Fed Q)

44

When is a party "necessary"?

His interest will be harmed if he isn't joined.
Without him, can't accord relief to joined parties.
Joint tortfeasors NOT "necessary parties"
THEN look at MJ

45

If necessary party cannot be joined under FedJur, how does court decide whether to proceed without him or dismiss?

Alternative forum available for everyone?
Real likelihood of harm if we proceed without party?
Can court issue order without injuring party?

46

Counterclaims
Two types:

Compulsory - same T/O - waived if not made with answer
Permissive - different T/O - not waived

47

Fed jur of counterclaim

Check diversity/alienage and fed Q.
If not, check Supp
(Compulsory has same T/O --> same nucleus --> Supp)
(limitation does not apply, since this is not a claim by P)

48

Cross-claim (against co-party)

Same T/O
Never compulsory
If citizens of same state - Supp. Since it is not a claim by P - no limitation.

49

Impleader against TPD - when can D file

14d after answer
Check MJ or Supp for TPD!

50

Intervention - absentee wants to join suit - grounds?

Absentee's interest may be harmed if not joined AND he is not adequately represented already.
At least one common Q.
Court has discretion.
Check MJ or Supp!

51

Stakeholder wants to know whether property is his or others.
Two tracks - Rule and Statute

Rule - same as regular diversity case.
Funny things in statute:
one claimant different from another claimant
$500
nationwide service
venue where claimant resides

52

Class action - initial requirements

Too numerous for practical joinder
Common Q of law or fact
Claims/defenses typical of class
Representative adequate for class

53

Class action - 3 types

(1) Prejudice - class treatment necessary to avoid damages to either side [no opting out]
(2) Injunction/declaratory sought since parties treated alike [no opting out]
* (3) "Damages" - common Qs predominate over individual Qs AND class action superior method [can opt out!!]

54

Class action - notice to members

In "Damages" type - COURT gives notice to all reasonably identifiable members:
can opt out
bound by judgment if they don't
can enter separate appearance

55

MJ in class action - diversity?

REP must be diverse from all D's!
[If $5m+ then any class member can be diverse from any D]

56

MJ in class action - >$75k?

REP's claim must exceed.

57

Right to jury in Fed?

Only for action at law, not action at equity.
Claim involves law+equity --> jury decides facts underlying law (damages) claim.

58

Jury selection

Unlimited strikes for cause
3 peremptory strikes (must be race/gender neutral)

59

JMOL?

Motion for judgment as a matter of law - takes away form jury.
Can move for this after other side has been heard.
When "reasonable people could not disagree on result"

60

Renewed JMOL

Moved for JMOL, judge rejected, jury ruled, move for RJMOL w/in 28d.
"Jury reached conclusion that reasonable ppl could not have reached".
Only if moved or waived JMOL at trial.
Result - Reverses ruling!!

61

Motion for new trial w/in 28d. Grounds?

Error that requires re-trial.
New evidence, misconduct, serious error by jury?
Result - Starting over!

62

Answer to claim - when?

21 days after service of process.

63

Defenses which can be raised EITHER in answer OR in MOTION

Lack of MJ
Lack of PJ
Improper venue
Insufficient process
Insufficient service
Failure to state claim on which relief can be granted
Failure to join indispensable party

64

Defenses which must be raised in first response or they are waived:

Lack of PJ
Improper venue
Insufficient process
Insufficient service

65

Defenses which can be raised anytime through trial

Failure to join indispensable party
Failure to state claim on which relief can be granted

66

Defense which is never ever waived

MJ

67

Complaint contains

Statement of MJ
Statement of claim + relief ("Facts supporting PLAUSIBLE claim")
Demand for judgment

68

Topics requiring specificity (not just general facts)

Fraud
Mistake
Special damages (which do not normally flow from event)