Jurisdiction (SM, P, Supp, Removal) Flashcards
What is the Home Court Advantage Rule (Forum-Defendant Rule) in removal jurisdiction?
This rule prohibits removal when (1) subject-matter jurisdiction arises from diversity jurisdiction and (2) a defendant is a citizen of the state where the case was filed.
What is the “bulge” provision and when does it apply?
It only applies over a party added to the suit through impleader or required joinder.
It establishes PJx over a party who is served with process within 100 miles of the federal court where the suit is pending.
What are the due process requirements for PJx?
D has sufficient minimum contacts with the forum state that maintenance of the action does not offend traditional notions of fair play and substantial justice
sufficient minimum contacts = purposeful availment
A defendant’s contacts with a forum state must be PURPOSEFUL and SUBSTANTIAL, such that the defendant should reasonably anticipate being taken to court there.
Erie Doctrine for Diversity Action
Substantive Law of State if no federal law on point.
Will apply Federal Procedural Law, even if a state law/rule conflicts.
What are the 5 bases for PJx?
- voluntary presence
- domicile
- consent
- long arm statute
- attachment
What is a domicile?
Where individual is present and intends to reside for an indefinite period.
In a diversity action, how is injunctive relief measured in terms of AIC?
Some courts consider value of injunction to P. Others consider the greater of value to P or cost to D.
What is the well-pleaded complain rule?
For FQJx, courts consider only the necessary elements of P’s cause of action, not the anticipated defenses/answers/counterclaims.
This applies to original jx and removal jx.
What must occur for removal jx if there are multiple Ds in an action?
All must join in/consent. If a later joined defendant files for removal, an earlier defendant can join in.
When are two claims sufficiently related for supplemental jx?
When the claims arise out of the same nucleus of operative fact.
When must lack of PJx be raised by the defendant?
Either:
(1) in a pre-answer motion or
(2) if no pre-answer motion is made, in the original answer or an answer amended as a matter of course (i.e., without the court’s permission).
If neither occurs, this defense is waived.
How must a P prove AIC?
Generally, a plaintiff’s good-faith assertion in the complaint that the action satisfies the amount-in-controversy requirement is sufficient, unless it appears to a legal certainty that the plaintiff cannot recover the amount alleged.
What is the Burford abstention doctrine?
When the federal court has the discretion to abstain from hearing a case:
- applies when declaratory or injunctive relief is sought in federal court.
- when such relief would interfere with a complex state regulatory scheme that services an important state policy and provides for timely/adequate judicial review by the state’s courts.
