Federal Civil Procedure Flashcards
Does the Federal Declaratory Judgment Act create federal question jurisdiction?
NO–it merely creates a remedy and cannot serve as a basis for SMJ on its own
* A court must look to the underlying claim
July 2016
What is the nerve center test?
A test to determine PPOB of a corporation
* PPOB is the “location where the corporation’s high level officers direct, control, and coordinate the corporation’s activities
July 2016
How do you determine amount in controversy for a declaratory judgment action?
Consider the amount appearing to be the object of the litigation
* Must appear to a legal certainty that the claim is really for less than the juridsictional amount to justify dismissal
July 2016
What law does a federal court apply in a diversity action?
The choice of law rules of the state in which it is sitting
July 2016
What is VA’s choice of law rule with respect to contracts?
If the parties choose the law to apply, that law will govern so long as there is some reasonable relation to the selected forum
July 2016
If one party wants to move for sanctions against the other, what provision must be followed?
SAFE HARBOR–must serve a motion for sanctions at least 21 days before filing the motion to give the offending attorney or party a chance to correct or withdraw the challenged action
Feb 2017
How long does a party have to answer a complaint or file a Rule 12 motion?
21 days
July 2018
If a party raises the affirmative defense of no PJ in its timely filed answer, does it waive an objection to PJ later filed in a MTD?
NO–if properly filed (either in first answer/responsive pleading), it is preserved and can be asserted later on
July 2018
May P aggregate claims against two separate defendants to exceed the amount in controversy?
Generally, NO, but there is an exception that allows aggregation of damages against two or more defendants whose negligence jointly contributed to a single injury, such that they are jointly liable
July 2019
What is the “inner” time limit and the “outer” time limit for removal?
30 days and 1 year
* 1 year is outer limit based on an in-state defendant’s voluntary dismissal from a case (30 days from last document that makes the case removable)
Feb 2019
Will an amended complaint deprive a federal court of diversity jurisdiction if the AIC is now too low?
NO–if diversity exists when a case is removed and P later reduces the claimed amount below AIC threshold, federal court not deprived of J’x
* Requirements for diversity must exist at the time the case is removed
July 2020
What arguments should a claimant make when there is alleged spoliation of ESI?
There is a litigation hold and, when litigation is reasonably anticipated, parties must preserve discoverable information
* When ESI is truly lost (i.e., cannot be recovered or restored) ecause a party in control of it failed to take reasonable steps to prserve it, court can enter a range of sanctions, including the entry of judgment
Feb 2021
What motion should a party file when they receive new evidence after a verdict has been rendered?
A motion for relief from judgment, which must be filed within a reasonable time not to exceed a year
* Must be newly discovered evidence that could not have been discovered with due deligince for a new trial motion
* Relief is new trial in which P has benefit of pursuing discovery to determine all of the evidence and may move for sanctions
Feb 2021
