Supplemental jurisdiction Flashcards
(33 cards)
What does SMJ determine
If P can sue in state or federal court
What must the action be between
- CItizens of different state, or
- citizens of a state and citizens or subjects of a foreign state
- citizens of different state in which citizens or subjects ofa foreign state are additional parties
- a foreign state as a plaintiff and citizens of a state or of different
What are the main forms of federal court jurisdiction?
Diversity of Citizenship
Federal QUestion
What section governs Diversity of Citizenship
§1332
What are the two requirements for Diversity of Citizenship
Complete Diversity
Amount in Controversy
What is complete diversity
diversity of ALL plaintiffs compared to ALL defendants
everyone on the left side must be from a different state than everyone on the right
How is domicile of individuals determined
Permanent home + intent to remain or return
How is domicile used to determine citizenship
Citizen can only have one domicile. A person is a citizen of a state where he is domiciled
How can a person change domicile?
Moving to another state AND has intention of remaining in that state.
What are factors to look at to prove domicile
Employment, state residency, paying taxes, registered to vote in that state
What are the two citizenships of corporations?
State of incorporation
Principle place of business
What are the three tests to determine principle place of business
1) Nerve Center Test (the place of corporate decision making, location of headquarters. Where the managers direct, control, and coordinate corporate activities)
2) Corporate Activities/Operating Assets Test (location of the production/services activities)
3) Total Activities Test (hybrid of the two; considers ALL the circumstances associated with the corporation’s activities)
What is the citizenship of unincorporated associations, and what are some examples of unincorporated associations?
They are deemed citizens of every state they have members. EX: Sports leagues, labor unions.
Look at the citizenship of all the members.
What is complete alienage and how does this impact diversity?
Aliens on both sides of the actions, renders the diversity incomplete, aliens can’t sue aliens in federal court
How are foreign citizens’ citizenship determined?
Status of foreign citizens who have permanent resident status is a resident of the state in which he is domiciled
What about US citizens domiciled abroad in terms of their citizenship for diversity?
Do not qualify as a citizen, can’t sue them under diversity
What does 1359 do to plaintiffs with regards to diversity
Strips the district court of jurisdiction in cases where a party was “improperly or collusively made or joined to invoke the jurisdiction of such court”
What is the amount needed for Amount in Controversey
Greater than $75,000 excluding interests and costs (cannot include attorney fees and costs of litigation)
Sume provided by the plaintiff controls as long as it is what?
Made in good faith:
Good unless it is clear to a legal certainty that P can’t recover more than 75,000
How do we calculate AIC?
Look at the cause of action, what the case law on the type of claim is, and what the law says is recoverable as damages
How is AIC looked at for misappropriation of trade secrets?
Measured by P’s losses or profits unjustly received by D
How are punitive damages calculated for AIC?
Look at the type of claim and see what the substantive law on the state says
How is AIC looked at for injunctions?
Look at the extent of the impairment to be prevented by the injunction; court can look at past losses and potential harm
What is aggregation of claims?
adding two or more claims to get over 75,000
