SMJ

Question 1

What types of federal cases can states NOT hear?

Answer 1

1. Patent Infringement
2. Bankruptcy
3. Some federal securities

Question 2

2 Ways to get SMJ:

Answer 2

1. Federal Question
2. Diversity of Citizenship

• SMJ cannot be waived

Question 3

What is required for diversity?

Answer 3

1. Between citizens of different states (or between US citizen and foreign) (citizenship is determined at the time the case was filed)
2. AIC exceeds $75k

Question 4

Requirements for citizenship (person)

Answer 4

1. Physical presence in the state
2. Intent to remain there indefinitely

• for incompetent or minor, use their’s, not rep
• for call actions, use rep’s

Question 5

Requirements for citizenship (corporation)

Answer 5

• citizen of any state or country that its incorporated in and where it has its PPB
  -PPB is usually where the headquarters is, or where business activities are controlled

Question 6

Requirements for citizenship (unincorporated association)
- includes partnership, LLC

Answer 6

• takes on the citizenship of all of its members

Question 7

Can you aggregate the claim amounts of more than one plaintiff?

Answer 7

No
-unless its a joint claim?

Question 8

What two tests need to be met for the AIC in equitable relief claims?

Answer 8

1. Plaintiff’s viewpoint. If granted, does the relief requested have a value of more than $75k?
2. Defendant’s viewpoint. If granted, will the relief requested by the plaintiff cost the def more than $75k?

• only one needs to be met

Question 9

Well-pleaded complaint rule

Answer 9

• not enough if its some federal law, claim itself must arise under federal law

Question 10

What do we ask ourselves to see if the federal question arises?

Answer 10

• Is the plaintiff trying to enforce a federal right?

Question 11

How, when, and who is a case removed?

Answer 11

• If def wants to remove case from state court to federal court
• Def files notice of removal in federal ground, stating the grounds of removal (which is SMJ)
• Then attaches all docs served on them in the state action
• Then serves a copy of notice of removal on adverse parties and in state court
• Must remove no later then 30 days after service of the first paper that shows the case is removable
• All defs who have been served must join the removal

Question 12

What are the 2 limitations for removal based solely on diversity?

Answer 12

1. Case should not be removed if there is an in state defendant
2. Case should not be removed more than one year after case was filed in state court
   - but can become removable if in state defendant is dismissed from case

Question 13

Once the case is removed, what court does it go to?

Answer 13

• The district court “embracing” the state court where the case was filed
• Other venue shits do not matter here

Question 14

When should plaintiff try to remand?

Answer 14

• No later than 30 days after the notice of removal was filed and this is waived if she doesn’t
• Unless the issue is SMJ, this is never waived

Question 15

What are the first steps for supplemental SMJ?

Answer 15

1. Check for diversity or FQ over the additional claim
2. Check for supplemental jurisdiction if no SMJ

• court has discretion to decline supplemental claims

Question 16

What test does the supplemental claim need to pass before it is added?

Answer 16

• Claim we want to get into federal court must share a common nucleus of operative fact with the claim that already has SMJ

Question 17

When is the common nucleus of operative fact always met?

Answer 17

• When it arises out of the same transaction or occurrence

Question 18

What is the limitation for supplemental jurisdiction?

Answer 18

• claims by plaintiffs generally cannot invoke supplemental jurisdiction
• only in diversity cases

EXCEPTION: when there are multiple plaintiffs and the claim by one of them does not meet the AIC