FJ&P

Question 1

If no party files a motion to dismiss but the federal judge notices the SMJ defect, must the judge dismiss P’s suit sua sponte?

Answer 1

Yes, federal courts are of limited jurisdiction and the federal judge has a duty to dismiss the suit sua sponte

Question 2

If an SMJ defect is not noticed before trial, may either party seek dismissal on appeal on the grounds of lack of SMJ?

Answer 2

Yes, any party may object to an SMJ defect at any time

Question 3

May parties agree to waive SMJ defect?

Answer 3

No

Question 4

After a suit is filed in federal court, assume the court notices an SMJ defect based on lack of diversity. Must the court dismiss the entire suit?

Answer 4

No, only P’s claim against the non-diverse defendant.

Question 5

Assume the federal court notices the same SMJ defect in a case removed to federal court, then what?

Answer 5

The federal court must remand the entire suit to state court

Question 6

The time when complete diversity requirement must be satisfied in a suit filed in federal court is on the date of the

Answer 6

Filing of the complaint

Question 7

Klaxon Rule

Answer 7

The federal court must apply the same choice of law rules that would be followed by the state Supreme Court of the state forum