Civ Pro Flashcards
Federal question jurisdiction
jurisdiction exists if claim filed under federal law, based on the face of the well-pleaded complaint
Diversity JX
requires (a) complete diversity between citizens and (b) AIC > 75,000
Complete Diversity
No plaintiff may be a citizen of the same state as any of the defendants
Citizenship of corporation
a citizen of (a) state of incorporation and of the State where it has its (b) principal place of business.
28 U.S.C. § 1332(c)(1).
“principal place of business” refers to “nerve center” (headquarters, etc).
Citizenship of a representative party
Citizenship of the representative party controls.
© Representative of decedent or minors are citizens of the decedent/minor.
Individual citizenship:
citizen of the US + domiciled in a relevant state
Domicile
domiciled if ∑ (a) physical presence (residence) and (b) intent to remain indefinitely (no intent to leave). Only one domicile
Change of domicile:
physical presence + intent to remain indefinitely at the same time
once established, presumed to continue until a new domicile is acquired.
Citizenship of a partnership
Citizens in every state where its members are citizens
Citizenship of an assignee
The assignee’s citizenship controls as long as assignment is not a sham.
e.g. Insurer is a citizen of insured state if sued under direct action statute.
© If assignor retains an interest in debt collection and assigns, assignor’s citizenship controls.
How to prove that the amount in controversy exceeds 75k
Allegation requirement
What damages are included
Good faith allegation sufficient © legal certainty that AIC will not be met.
AIC includes punitive, compensatory, and atty fees (if permitted by law or contract). © interests and costs
Aggregation of claims to meet 75k threshold
One P v. one D: can aggregate all her claims
One P v. multiple Ds: cannot aggregate unless both are jointly liable
Multiple Ps v. one D: cannot aggregate unless common interest
Aggregation of claims to meet 75k threshold
One P v. multiple Ds:
cannot aggregate unless both are jointly liable
How to prove that the amount in controversy exceeds 75k
injunctive relief
assign monetary value to P of relief to be obtained (value to P)
Supplemental JX: General rule
A federal court with SMJX over a claim may have supplemental JX over additional claims that it would not independently have JX as long as they arise out of a common nucleus of operative fact as the original claim
Supplemental JX in diversity cases
for multiple Ps v. one D:
if one P’s claim satisfies AIC, supplemental JX exists over 2nd P’s related claims as long as 2nd P does not destroy diversity
Supplemental JX
Claims made by P against parties joined under R14, 19, 20, 24
No supplemental JX
Must independently satisfy diversity JX requirements.
Supplemental JX
Claims by potential P seeking to intervene or join
No supplemental JX
Must independently satisfy diversity JX requirements.
Supplemental JX
compulsory counterclaim
yes
Supplemental JX
permissive counterclaim
No supplemental JX
Must independently satisfy diversity JX requirements.
Supplemental JX
crossclaim
Supplemental JX exists over crossclaims if
(a) related to the original claim and
(b) is not asserted by P against those made party under 14,19,20, or 24
Removal: general rule
requirement
D can remove from state court to federal court if the case could’ve been brought originally in federal court with proper SMJX.
(e.g. a FQ claim brought in state ct can be removed to fed because district court has original FQJX).
If multiple Ds, all must join in or consent to removal. © if removal based on FQ jurisdiction, only those Ds against whom the federal claim is asserted must join in or consent to the removal
Removal of a diversity case
D cannot be a citizen of the state where the original claim is filed.
Diversity case can’t be removed after 1 year of state court action unless P acted in bad faith to make the case not removable
Timing for filing a motion to removal
within 30 days of service of complaint