Forum Selection: Subject Matter Jurisdiction !!!!

Question 1

SMJ Definition

Answer 1

Court’s power over the cases

Question 2

Cases that state courts cannot hear

Answer 2

Patent infringement, bankruptcy, some federal securities, and antitrust claims

Question 3

Fed. courts have limited SMJ

Answer 3

2 main types: FQ jurisdiction and diversity of citizenship jurisdiction

Question 4

A lack of SMJ cannot be waived

Answer 4

Unlike PJ, if there is no SMJ the court cannot hear the case and if it does, the judgment is void

Question 5

Diversity of Citizenship Cases!!!!

Answer 5

2 requirements: 1 - no P is citizen of the same state as any D and 2- the amount in controversy exceeds $75,000

Question 6

Citizenship

Answer 6

No P is a citizen of the same state as any D and determined when the case is filed

Question 7

Citizenship of a human

Answer 7

The 1 US state where they are domiciled: 1 - physical presence in the new domicile and 2 - intent to make that place your home for the indefinite future

Question 8

Citizenship of a corporation

Answer 8

Any state or country in which it is incorporated and the one state or country in which it has its PPB

Question 9

What is the PPB?

Answer 9

Where the corporation’s managers direct, coordinate, and control business activities - the “nerve center”

Question 10

Citizenship of an unincorporated association (partnership, LLC, etc)

Answer 10

Takes on the citizenships of all of its members; if limited partnership, include citizenships of general and limited partners

Question 11

Citizenships of decedents, minors, and incompetents

Answer 11

Must sue or be sued through a representative and representative’s citizenship is irrelevant, use the citizenship of the D/M/I

Question 12

Citizenship for class Actions

Answer 12

Citizenship of the named representative(s)

Question 13

Calculating amount in controversy

Answer 13

The claim itself must exceed $75,000 and P must claim in good faith, unless it is clear to a legal certainty that P cannot recover more than $75,000

Question 14

Aggregation of Claims

Answer 14

Any single P may aggregate all of their claims against a single D

Question 15

Joint claims

Answer 15

Use the total value of the claim, number of parties is irrelevant

Question 16

Equitable relief: Two tests

Answer 16

1 - P’s POV, if granted, does the relief requested have a value of more than $75,000 to the P; 2 - D’s POV, if granted, will the relief requested by the P cost the D more than $75,000

Question 17

Exclusions from diversity jurisdiction: excluded cases

Answer 17

Divorce, alimony, child custody, and actions to probate an estate

Question 18

Federal Question (“FQ”) Cases !!!!!

Answer 18

P’s claim must arise under federal law

Question 19

Under FQ

Answer 19

citizenship of the parties and amount in controversy are not relevant

Question 20

FQ requires

Answer 20

Pleader must follow the well pleaded complain rule - the claim itself must arise under federal law

Question 21

FQ ask:

Answer 21

If the P is enforcing a federal right - yes then FQ jdx, if no then no FQ jdx

Question 22

Removal !!!!

Answer 22

D can remove the case from state court to fed court and if removal was improper, the fed court can remand the case to state court

Question 23

Actions that may be removed?

Answer 23

Cases that could have been filed in a fed court so SMJ must exist

Question 24

How case is removed

Answer 24

D files notice of removal in the federal court, stating grounds of removal (SMJ), D attaches all documents that were served on her in the state action, then D promptly serves a copy of the notice of removal on adverse parties and files a copy of the notice of removal in state court

Question 25

Timing of removal

Answer 25

D must remove no later than 30 days after service

Question 26

Who must join in the removal?

Answer 26

All Ds who have been served with process must join, do not need to join in the same document

Question 27

If Ds served at different times and a later served D initiates timely removal?

Answer 27

Earlier served D may join in the removal even though their 30-day period for initiating removal may have expired

Question 28

Ps cannot remove

Answer 28

Ps can never remove, even if the D files a counterclaim

Question 29

What cases may be removed?

Answer 29

D can remove a case that meets the requirements for SMJ

Question 30

2 limitations to removing a case based solely on diversity jurisdiction

Answer 30

Case should not be removed if any D is a citizen of the forum state (in state defendant rule); AND case should not be removed more than one year after the case was filed in state court

Question 31

One year limitation

Answer 31

Diversity case with an in state defendant can be removable later - case becomes removable when the claim against the in-state D is voluntarily dismissed from the case

Question 32

Removal Venue

Answer 32

Fed district court where case was filed in the state court

Question 33

Remand to state court - motion based on a reason other than lack of SMJ

Answer 33

If motion to remand based on a reason other than lack of SMJ, must move to remand no later than 30 days after the filling of the notice of removal. If P fails, waives right to have case remanded

Question 34

Remand to state court - if removal improper bc fed court lacked SMJ

Answer 34

No limit on ordering remand, an objection to SMJ is never waived and a court without SMJ is powerless to act on the case