MBE 2 Flashcards
What constitutes diverse citizenship?
- between U.S. citizens domiciled in different states.
- U.S. citizens domiciled in the U.S. and foreign citizens
- U.S. citizens domiciled in different states, in which foreign citizens are additional parties
- U.S. citizens and permanent residents domiciled in different states.
Alt Sources of PJ
Nationwide PJ:
-Federal statute authorizes nationwide service of process—eg, statutory interpleader
100 mi bulge:
-Party added to suit through impleader or required joinder and
-Party served with process within 100 miles of federal court where suit is pending
Fed claim/ no state juris:
-Plaintiff’s claim arises from federal law
-Defendant is not subject to personal jurisdiction in any state and
-Exercise of jurisdiction complies with U.S. Constitution & federal laws—ie, defendant has minimum contacts with United States
When is citizenship (for the purposes of diversity) determined?
Citizenship is determined on the date that the complaint is filed with the court.
The subsequent substitution of a party is not considered in evaluating diversity jurisdiction
CAFA
When SMJ via FQ or DJ is not avail… CAFA provides where…
- Class contains ≥ 100 members
- **at least one class member & one defendant **are diverse and
- amount in controversy for aggregated claims exceeds $5 million
-permits the claims of the putative class members to be aggregated to satisfy the amount-in-controversy requirement
AIC req for Diversity Juris
- > 75k for ANY named P
-When DJ exists over a named plaintiff’s claim, a court may exercise SJ over claims of the class that do not satisfy the amount-in-controversy requirement. ==> That is because the class members’ claims are so related that they form part of the same case or controversy and are not barred supplemental claims.
When is Supp Juris permitted
A court may exercise supplemental jurisdiction over a claim that does not independently satisfy subject-matter jurisdiction requirements when that claim shares a common nucleus of operative facts—i.e., arises out of the same transaction or occurrence—as a claim within the court’s original subject-matter jurisdiction.
When is SJ NOT permitted
When the original claim is based solely on diversity jurisdiction, supplemental jurisdiction is not permitted if a supplemental claim:
- would destroy diversity of citizenship or
- seeks $75,000 or less and is made by a P…
a) against parties added through joinder, intervention, or impleader or
b) seeking to join through compulsory joinder or intervention.
Forum-Defendant Rule
Prohibits removal when:
(a) subject-matter jurisdiction arises solely from diversity jurisdiction
and
(b) a defendant is a citizen of the state in which the case was filed (i.e., the forum state).
Full Faith & Credit Clause
Requires state courts to recognize and enforce the valid judgments of other state courts.
==> as long as (a) the ct had SMJ & PJ (b) case was decided on the merits (c) cts decision was a final J
But this clause does not apply across fed cts
Rule re enf across fed cts
A judgment entered by a federal court with personal jurisdiction over the defendant can be enforced by a federal court in another state—even if the defendant does not have minimum contacts with that state
Service of Process
Per FRCP 4, a plaintiff can properly serve a defendant who is an individual located in the United States by:
- following the rules of the state
(a) where the court sits (i.e., the forum state) or
(b) where service is made - having process delivered to the defendant personally (or to an agent authorized to receive process)
- having process delivered to the defendant’s dwelling and left with a resident of suitable age and discretion
Unless the court orders otherwise, a responding party generally must respond to an amended pleading within…
==> whichever is later…
(1) the time that remains to respond to the original pleading
or
(2) 14 days after service of the amended pleading, whichever is later.
How long does a party have to respond to a complaint?
21 days after service
Federal Rule of Civil Procedure (FRCP) 11(b)
requires that every pleading, motion, or other document filed with the court be signed by an attorney or an unrepresented party. This signature certifies the following to the court:
The document is presented for a proper purpose—not to harass, cause unnecessary delay, or needlessly increase the cost of litigation.
All claims, defenses, and legal contentions are warranted by existing law or by a nonfrivolous argument for revising or establishing law.
All factual assertions have or will have evidentiary support after a reasonable opportunity for further investigation or discovery.
All factual denials are warranted by evidence or are reasonably based on a belief or a lack of information.
==> A court can impose sanctions on a law firm (default), attorney, or party if the court finds that they violated one of the provisions of FRCP 11(b)
A federal court has the power to certify (i.e., authorize) the following types of class actions:
Prejudicial risk – when separate actions would create a risk of inconsistent decisions regarding the parties or impairing absent class members’ interests
Common question – when common questions of law or fact predominate over individual questions and a class action is the best method to fairly and efficiently adjudicate the dispute
Final equitable relief – when injunctive or declaratory relief is appropriate because the opposing party’s actions generally apply to the whole class
