Jurisdiction and Venue Flashcards
Federal subject matter jurisdictions occurs when?
4
- Federal Question
- Diversity Jurisdiction
- Supplemental
- Removal
Subject matter jurisdiction is…
the nature of the dispute
Federal Question Jurisdiction Requires
2
- Well Pleaded Complaint
2. Federal Question in Dispute
Well Pleaded Complaint requires
If the federal claim is in π’s affirmative side of the lawsuit
≠defense
When a federal question is inside state law claims, federal jurisdiction when
(3)
This is permissible as long as the federal question:
(1) The federal law is actually in dispute,
(2) demands the expertise of federal judges, and ought to be resolved as uniformly as possible; and
(3) is not so commonly present in state law actions that federal courts would end up taking a large portion of state courts’ traditional jurisdiction.
A diversity action is a claim requirements
- Complete
2. Amount > 75k
Complete diversity exists as long as
no π and ∆ are citizens of the same state
Cannot have same state on both sides of the V
Key to Federal Question
Is there a federal question in the π’s complaint?
For diversity actions, citizenship is counted at what time?
Diversity is measured at the time of filing
When is complete diversity not required for jurisdiction?
3
- π class > 100
- Amount in controversy > 5 mil
- if any single member of the class is diverse from any single defendant.
How does amending complaints affect diversity?
Diversity is re-evaluated at the time of the amendment.
Where is a human being a citizen?
2
A human being’s state of citizenship is the state in which
(1) she resides + (2) intends to remain indefinitely (no present plans to leave).
A human being’s citizenship does not change until
They
- reside in a new place
- They intend to remain indefinitely in that new place
Where is a corporation a citizen?
2
- Where it is incorporated
+ - Where it maintains its principal place of business
Where is a corp’s principal place of business
Where the executives do their business
“the brain/nerve center”
When evaluating diversity jurisdiction for a corporation, π must be diverse from
both the place of incorporation and the principal place of business
Where is a unincorporated association a citizen?
=non-corporation (LLC, P’Ship)
Citizen of every state where their members are citizens
When litigation occurs through personal representatives. For the purpose of diversity jurisdiction, the key inquiry is:
Citizenship of the incapacitated party (the party in interest)
Diversity Jurisdiction amount in controversy requires
the plaintiff’s allegation of her financial injury > 75k
unless it appears “to a legal certainty” that such allegations are incorrect –> As a matter of law you could not collect
Diversity Jurisdiction amount in controversy when there are multiple claims against the same ∆, what’s the amount?
Add all of the claims together
Diversity Jurisdiction amount in controversy when there are multiple claims against multiple ∆s, what’s the amount?
Do not aggregate the amounts to others
Supplemental jurisdiction allows
A claim falling outside out of FQ or Diversity to piggy-back on a claim that does have FQ or Diversity
Supplemental Jurisdiction Steps
Step 1——Same Transaction?
Does the claim seeking piggy back jurisdiction arise from the same transaction or occurrence as another claim falling within federal question or diversity?
Step 2 ——Sneaky π?
If the anchor claim is FQ –> step 3
If anchor claim is Diversity –> π cannot use supplemental to sue third party defendants(∆ brings another ∆ in) or stacked parties (multiple ∆’s sued together).
Step 3——Good Reason to Give to State
Court may decline if:
(a) the piggy back claim involves a novel and complex issue of state law;
(b) the piggy back claim “substantially predominates” over the federal question or diversity claim;
(c) the court has dismissed the anchor claim; and
(d) in exceptional circumstances, where other compelling reasons exist.
Removal jurisdiction permits
permits a federal court to hear a case that was originally filed in state court.
Removal is only an option for
Defendants
Grounds for Removal
A defendant can remove a case from state to federal court if:
The originally Well Pleaded Complaint by πcould have been filed in federal court (FQ, Diversity, Supplemental)
A ∆ cannot remove a case if
Home-State Defendant Rule
- federal jurisdiction would be grounded only in diversity jurisdiction, and
- The ∆ is a citizen of the state where the action is filed
Rule for removal of multiple defendants
All must agree to removal
A defendant must remove within
30 days of when grounds for removal became apparent (when served with process)
If P sues multiple ∆’s, defendants must remove within
30 days from when the final ∆ is served (only the final ∆ can remove, others can join)
If the removal to federal court would be based on diversity of citizenship, the defendant must remove the case:
Within 1 year of when the case is filed
- generally happens when the πmakes a change to a lawsuit
- The 30 day window of when the grounds for removal became apparent still applies
To determine whether a federal court has Personal Jurisdiction over a particular party, you need to analyze two bodies of law:
- If the state court where the fed court sits could assert PJ
- Federal Constitutional Law
To determine whether it may assert PJ over a party, the first question a federal court must ask is
If the state court could assert PJ, then the federal court may do so as well
If the state court could assert PJ, then Fed can constitution authorizes PJ in one of five circumstances.
(5)
PJ Rarely Causes Severe Mental Strain.
- Residency
- Consent
- Service
- Minimum Contacts
- Substantial Business
Residency satisfied in PJ if
Party is a resident in the state where the lawsuit is being filed
Residency = where they live
Consent for PJ occurs in one of three ways:
- Appearance
When party appears in court without objecting to PJ in initial filing or appearance - Contract
Signed contract with a choice of forum - Appointment
Appointed Agent in state where it is filed
Service is satisfied in PJ if
Tag jurisdiction in the state where filed
To hear a case, a federal court must have?
- Subject Matter Jurisdiction
2. Personal Jurisdiction
Tag jurisdiction is not constitutional if?
2
- ∆coaxed or lured into the state
2. ∆ in state to participate in legal proceedings
Minimum contacts for PJ is established if?
3
(a) the defendant has established a minimum contact with the forum state,
+
(b) the claim against him arises from that contact, and
+
(c) Jurisdictions will not offend Fair Play and Substantial Justice
A defendant has minimum contacts with a particular state if
3
- he causes harm in the state,
- does business in the state,
- or has an interest in real property in the state.
∆ Does not have to be in the state
NEED Purposeful avail
A lawsuit “arises from” a defendant’s contacts if the contacts:
Played a role in causing the lawsuit
Substantial Business/General Jurisdiction for PJ established if
The business must be so significant that the company, though not incorporated or headquartered in the state, is essentially at home there*
Action does not need to arise out of the business, can be sued for anything there
Venue dictates
dictates not the state in which a suit can occur, but the region within a particular state where a suit can occur. In federal court, this region is called a “judicial district.”
SMJ Tells You
PJ Tells You
Venue Tells you
SMJ: Whether you can sue in Federal Court
PJ: The State where you can sue
Venue: What Judicial District you Can Sue in.
The appropriate venue can be dictated by either:
2
- Residency of potential ∆’s if all from same state,
and - Location of events giving rise to the lawsuit
Where all defendants reside in the same state, the plaintiff may lay venue
In the judicial district of any single ∆ resides
For Venue, corporations reside
in any judicial district in which they are subject to personal jurisdiction
For Personal Jurisdictions, non-corporation entities reside
in the state i which it maintains its principal place of business
For Venue, non-corporation entities reside
in any judicial district in which they are subject to personal jurisdiction
For Venue, PJ, SJM, natural persons reside
in the state in which they live and intend to remain indefinitely
If the defendants reside in multiple states, venue will be dictated by
The location of the harm
- Substantial part of event occurred; or,
- Where the property is located
Transferring venue may occur when
3
- Convenience
- Agreement
- Interest of Justice
Transferring venue for convenience requirements (2)
- Venue must have been appropriate
+ - Transfer is necessary for convience of the parties
≠ outside fed.
Transferring venue by agreement requirement
If all parties consent, then can go anywhere
Transferring venue by interest of justice requirement
If a plaintiff files suit in an improper venue,
- the court may dismiss the suit or,
- in the “interest of justice,” transfer the case to a venue where the case could have been filed originally.
Forum Non Conveniens appropriate when
most convenient court in which to litigate a suit is not in the United States.
What does a court do when Forum Non Conveniens is appropriate?
dismiss the suit without prejudice so that the plaintiff may refile the suit abroad if she desires.
What types of actions cannot be brought in state court?
Actions that the federal courts have exclusive jurisdiction over
In a statutory interpleader case, the court has jurisdiction where?
Nationwide
