Diversity of Citizenship Jurisdiction Flashcards
What is required for diversity jurisdiction?
need “complete diversity” - no PL may be a citizen of the same state as any D and the amount in controversy must exceed $75K (exclusive of interests and costs)
What is alienage jurisdiction?
federal court has SMJ over disputes between a citizen of a U.S. state and an alien
Is there jurisdiction when an alien has been admitted to U.S. as perm. resident and is domiciled in same state as U.S. citizen-opponent?
No
Is there jurisdiction over an action by an alien against an alien?
No
Can aliens appear as additional parties?
so long as there are citizens of U.S. on both sides
When do we analyze whether diversity of citizenship exists?
at the time the suit is instituted (does not need to exist when the COA arose and is not defeated if, after suit is filed, party becomes citizen of same state as opponent)
How do we determine citizenship of individuals?
depends on their natural home to which he intends to return (citiz. of child is that of her parents)
How do we determine citizenship of corporations?
citizen of every state and foreign country in which it is incorporated
and
the one state or foreign country in which it has its PPB
What is the PPB?
state/country in which its high level officers direct, control, and coordinate activities (HQs, typically)
What is the citizenship of a partnership?
that of each and every partner
How do we determine citizenship for uninc. associations and LLCs?
considered citizen of each state of which any member is a citizen
What is the citizenship of a legal representative?
(that of the estate of decedent, infant, incompetent) = same as those people
How do we determine citizenship in class action?
based on citizenship of the named members of the class who are suing
What is supplemental jurisdiction?
where a court may entertain claims that, by themselves, do not meet the requirements of a FQ jurisdiction or diversity IF
the claims arise from a common nucleus of operative fact as that claim invoked in original claim (that gives rise to jurisd)
A claim by or against an additional party must satisfy some basis of
federal SMJ (like diversity or FQ) if it doesn't, could still fall under SJ (common nucleus), but there are restrictions to use of SJ
Under SJ statute, is there SJ for claims by original parties against intervening Ds or claims by intervening PLs?
Not when intervention is as of right
may only proceed if there is an independent a basis for SMJ
What happens when a party is substituted?
we don’t care about the citizenship of substituting party - that of the original party controls
** this is not so if the party is replaced (wrong party) - the citiz. of replacement party will control
What is a cross-claim?
Claim by one co-party against another
When can you assert a cross-claim?
if the claim arises from the same transaction or occurrence as underlying dispute (even if doesn’t meet div/fq, can be asserted under SJ)
Are attorneys fees considered when determining AIC?
Yes
Can PL aggregate all claims against single D to meet AIC?
yes
Can PL aggregate claims against several Ds?
Yes, if the Ds are jointly liable to PL
Can PL aggregate claims based on separate claims or concurrent liabilities?
no
Can several PLs aggregate claims?
if they are seeking to enforce a single title or right in which they have a common interest or undivided interest
What if a co-PLs claim does not meet the AIC?
may use SJ if there’s common nucleus as original claim (that which invoked DJ)
** but SJ cannot be used to override the complete diversity requirement: two citizens from CA (driver 100K and passenger 50K) injured in accident w/ citizen of AZ. Passenger can use SJ to have claim in fed court; but if passenger is also from AZ, no complete diversity - cannot use SJ
Can a D’s counterclaim be combined w/ PLs claim to reach AIC?
No
Does a compulsory cc need to meet the AIC?
No (can hear under SJ)
What is a compulsory cc?
one that arises out of same transaction/occurrence as PLs claim
What is a permissive cc?
one arising out of completely unrelated transaction - needs an independent juris. basis and also needs to meet the AIC
Who can remove?
only Ds, not PLs
What is the Erie doctrine?
federal ct in diversity case will apply its own procedural law, but must apply substantive law of the state in which it is sitting
What do you ask when determining which law to apply under Erie?
- is there federal law on point (FRCP, st, const) = if so, apply it
- If there is no fed law on point, is the issue substantive or procedual?
- if procedural, fed. judge doesn’t need to follow state law - What are clearly substantive issue?
- SOL, rules for tolling SOL, choice of law rules, elements of claim or defense - if the issues isn’t clearly substantive, how does the court handle it?
- use outcome determinative test (issue is subst. if it substantially affects outcome of case), balance of interest test (does the state have a greater interest - if yes, subs); or forum shopping deference (would failing to apply state law inc. litigation in fed court? if so, then subst.
What are the two issues that arise in a conflicts of law problem?
- does federal or state law apply?
2. which state’s law applies?
What if a state statute or rule contains both subs. and proc. elements?
fed ct will apply state subs, fed proc.
Did Erie change the federal court’s authority to create fed. common law?
No - can create subst. rules when interpreting federal statutes and Const.
Will a federal ct exercise juris. over domestic relations or probate proceedings?
No
When does the multiparty, multiforum trial jurisdiction act apply?
to accidents in which at least 75 people have died from a single accident at discrete location
minimal div. required
one PL must be of div. citi. of one D
