Civ Pro

Question 1

Diversity Jurisdiction Over Corporations

Answer 1

For diversity purposes, a corporation is a citizen of (1) the state where it is incorporated and (2) the state where it has its principal place of business. A corporation’s principal place of business is the corporation’s “nerve center,” i.e., where a corporation’s officers “direct, control, and coordinate the corporation’s activities.”

Question 2

Collateral Estoppel

Answer 2

Collateral estoppel (issue preclusion) precludes litigating

1. same factual and legal issues
2. essential to a prior judgment
3. actually litigated; AND
4. reached a valid final judgment on the merits.

Collateral estoppel does not require mutuality of parties, but the party (or privy) against whom the issue is to be precluded must have been a party to the prior action.

Question 3

Res Judicata

Answer 3

Res judicata (claim preclusion)

1. precludes the same parties (or privies) from a prior action
2. to subsequently litigate sufficiently identical claims
3. that reached a valid final judgment on the merits.