Diversity Jurisdiction and Erie Doctrine Flashcards
State Statute of Limitations and Tolling for Erie
The Supreme Court has established that statutes of limitations and rules for tolling statutes of limitations are substantive for Erie purposes; therefore, a federal judge in a diversity case must follow state law on those issues.
A reporter who is a United States citizen and lives in England, but does not maintain any homes in the US. What is their status for SMJ?
Reporter is not a citizen of any state, and is not an alien, and thus cannot be sued on the basis of diversity jurisdiction. The reporter appears not to be a citizen of any state. This is a lack of SMJ (barring federal question).
What are two proceedings federal courts WILL NOT exercise jurisdiction over?
No SMJ (even if SMJ conditions generally are met)
- Domestic Relations
- Probate Proceedings
Assume diversity jurisdiction is met.
Citizen of State A v. Citizen of Foriegn Country AND (admitted into US for permanent residendcy & domiciled in State A)
GENERALLY:
Diversity statute authorizes jurisdiction over a civil action between citizens of a U.S. state and citizens of a foreign state.
However:
Jurisdiction is withdrawn if the action is between citizens of a U.S. state and citizens of a foreign state who are lawfully admitted for permanent residence in the United States and are domiciled in the same U.S. state.
P = State B, D = State A, Court= State A.
Filed State A, D removes, P moves to remand. What happens?
Assume diversity jurisdiction has been met.
In-State Defendant Rule
In-State Defendant Rule
When the jurisdiction of the federal court is based solely on diversity and one of the defendants is a citizen of the state in which the state action was brought, the action is not removable.
