Civ Pro Review Q's

Question 1

True or False Supp Juris./Joinder Q2

A (Va) sues B (Ohio) for negligence in federal court and alleges $100,000 in damages. A wants to bring a related state fraud claim worth $50,000 that concerns the same facts as the negligence claim that will not occupy much of the court’s time.

Answer 1

28 USC 1367(a) “arise out of same nucleus of common fact”
28 USC 1367(b) “In Diversity of citizenship cases, courts have no jurisdiction over parties brought in by joinder rules 14 19 20 24”
28 USC 1367(c)
1. novel or complex law
2. state claim predominates original jurisdiction claim
3. District has dismissed original claim
4. exceptional circumstances that don’t apply here.

True

Question 2

True or False Supp Juris./Joinder Q1

A (Colo) sues B (Ill) in a negligence case worth $100,000 in Illinois state court.

B can remove to federal court.

Answer 2

False, cannot remove from state court if defendant is a member of the state in which case is brought. 28 USC 1441(b)

Question 3

True or False Supp. Juris./Joinder Q3

A (Florida) sues B (Kentucky) for discrimination under a federal statute in federal court.

A can add a state claim of discrimination against C using Rule 20.

Answer 3

1367(b) only applies to 1332 claims. Diversity of citizenship. It is a federal question so 1367(b) does not apply

True

Question 4

Q4 True or False Supp. Juris/Joinder

A (NY) sue B (NJ) for discrimination under federal law in New York state court

The court must dismiss the case.

Answer 4

State courts are courts of general jurisdiction. They CAN hear all cases. Don’t need to dismiss.

False.

Question 5

Q5 True or False Supp. Juris./Joinder

A (NM) and B (Cal) joined by Rule 20 sue D (Cal) in federal court on a negligence claim.
A’s claim is for $100,000.
B’s claim is for $30,000.

B’s claim can be brought in this case.

Answer 5

B and D are both from Cal. We don’t have complete diversity. B’s claim cannot be brought.

This is an Owen v Kroeger example.

False.

Question 6

Q6 Supp. Juris. Joinder
True or False

A (NM) and B (Utah) (joined by Rule 20) sue D (Cal) on negligence claim in federal court.
A’s claim is for $100,000.
B’s claim is for $30,000.

B’s claim can be brought in this case.

Answer 6

Allapatah. As long as one plaintiff meets amount in controversy, others can be joined under it. We also have diversity of citizenship.
1367 (a) good
(b) good
(c) good

True

Question 7

Q7 Supp. Juris/Joinder
True or False

A (Ohio) sues B (Ill) in NY state court in Manhattan in New York City, the judicial district of which is the SDNY, for federal patent infringement claim (assume no exclusive jurisdiction) worth $1 million.

If the case is removed, it can be removed to the EDNY.

Answer 7

1441(a) if a federal court has original jurisdiction, and is brought in state court, when it is removed, it is removed to corresponding district where state court matter is pending.

False

Question 8

Supp. Juris/Joinder Q8
True or False

A sues B (corp def with plants in Illinois).
A brings suit in federal court in Illinois in ND Il.
B has most of its plants in the SD Il.
B has one large plant in the ND Il.

Venue is improper in the ND Il.

Answer 8

28 USC 1391(d)
Going to reside anywhere if you made it a state, there would be personal jurisdiction.

It would be subject to personal jurisdiction.

Venue is proper