Jurisdiction & Removal Flashcards
Federal Question Jurisdiction
Federal question jurisdiction is available when the plaintiff, in his well-pleaded complaint, alleges a claim that arises under federal law. Anticipation of a federal defense or the fact that federal law is implicated by the plaintiff’s claim does not give rise to federal question jurisdiction.
Diversity Jurisdiction
Diversity of citizenship jurisdiction is available when there is complete diversity of citizenship, meaning that each plaintiff is a citizen of a different state from every defendant, and the amount in controversy exceeds $75,000. The amount in controversy is determined by plaintiff’s good faith allegation.
Citizenship - Individuals
A natural person’s citizenship is the state that is the person’s domicile which is determined by the person’s physical presence in the domicile and intent to make that place their home indefinitely.
Citizenship - Corporations
A corporation is deemed to be a citizen of every state in which it was incorporated and the one state in which it has its principal place of business.
Citizenship - Unincorporated Assoc.
An unincorporated association’s citizenship is all states of all members.
Citizenship - Limited Partnerships
A limited partnership is deemed a citizen of all states where general and limited partners are citizens.
Aggregation
For the purposes of determining the jurisdictional amount, the plaintiff may aggregate all his claims that he has against a single defendant. Aggregation is permitted regardless of whether the claims are legally or factually related to each other.
Personal Jurisdiction
Personal jurisdiction may be “specific,” meaning that the court has personal jurisdiction over the defendant for the complained-of cause of action, or it may be “general,” meaning that the court has personal jurisdiction over the defendant for all causes of action. The close connection between the plaintiff’s cause of action and the contact from which the case sprung is usually sufficient for the court to exercise “specific” jurisdiction over the defendant. As to “general” jurisdiction, an individual defendant must be domiciled in the state.
State law must be constitutional under the Due Process Clause of the 14th Amendment. State law constitutionally if authorizing personal jurisdiction in several situations:
- Residency - If party is domiciled in state where suit filed;
- Consent - If defendant consents to personal jurisdiction either by appearance, contractually, or appointment;
- Service - Defendant served with process while in state where suit is filed;
- Minimum Contacts - Defendant has minimum contract with forum state, claims against defendant arises from that contact, and the court’s exercise of jurisdiction won’t offend traditional notions of fair play and substantial justice.
Supplemental Jurisdiction
Supplemental jurisdiction allows claims falling outside of federal question or diversity to attach to those claims that do fall within federal question or diversity jurisdiction so long as the claim derives from the same common nucleus of operative fact and are such that a plaintiff would ordinarily be expected to try them in a single judicial proceeding.
Restrictions on Supplemental Jurisdiction
Supplemental jurisdiction is restricted when joined with a claim based solely on diversity except in cases where a below-limit claim by a co-plaintiff is supplementing the diversity claim.
Removal
A defendant may remove an action that could have originally been brought in the federal courts, either on the basis of federal question being presented or on the basis of diversity of citizenship. A defendant must remove within 30 days of when grounds for removal become apparent.
Removal Exception
When jurisdiction of the federal court is based solely on diversity, and one of the defendants is a citizen of the state in which the action was brought, the action is not removable.
