MEE Flashcards
Fed Q Juris
- Fed issue must be presented in the P’s well-plead complaint. Fed defense is not sufficient.
Diversity
Must be complete diversity between the parties
Individual domicile
where they are present with intent to remain indefinitely
Corporate domicile
where incorporated AND where the principal place of
business is located
Amount in controversy
Must exceed $75,000, plead of the complaint
- Injunctive relief—can have monetary value assigned
- Multiple Ds can aggregate dollar amounts if jointly liable
Supplemental Juris
Claims must arise out of a common nucleus of operative fact as the original claim
Fed q juris for purposes of supplemental jurisdiction
If related to OG P’s fed clam:
1) P can bring state law claims
2) Additional P can bring a state law claim
3) D can bring a cross-claim against another D
Diversity for purposes of supp juris
1) P can bring any related state law claim
2) Additional P can bring a related state law claim against D if doesn’t destroy diversity
3)D can bring a related cross-claim against another D
Rejection of Supp Juris
Courts can reject supplemental jurisdiction if:
a) Claims are complex or predominate the lawsuit;
b) Federal law claims are dismissed; or
c) Any other compelling reasons to decline jurisdiction.
Removal
P files in state court and D seeks to remove to fed court. D may remove if fed court has SMJ. All Ds must join in or consent to removal.
when can a case be removed for lack of diversity
if no Ds are citizens of the state where claim was
OG filed
When must a motion for removal be filed?
within 30 days of receiving the complaint
Traditional Bases of PJ
a. Service while voluntarily present
b. Domicile
c. Consent
Due Process under Long-Arm Statute
1) Minimum Contacts and
2) Fair play and substantial justice
Minimum Contacts
1) Purposeful availment: is it reasonably foreseeable to be sued in the state?
2) Relatedness: did D’s conduct relate to action?
Specific Jurisdiction
Did the action arise out of D’s conduct or contact with the forum state?
General Jurisdiction
Is D at home in the jurisdiction?
Consider:
(1) D’s physical presence in state;
(2) domicile;
(3) systematic & continuous in state activities
(4) consent;
(5) agency; AND
(6) waiver.
Where is a corporation “At home?”
Where it’s incorporated and where its principal place
of business is located
Fair play and substantial Justice
Considers:
1) Interest of forum state in adjudicating matter;
2) Burden on Dof appearing in the case;
3) Interest of the judicial system in efficient resolution; and
4) Shared interests of states in promoting common social policies
Appropriate Venue
Asks with fed district can OG action be filed in?
1) If all Ds reside in same state, venue is
appropriate in any district where any D resides
2) Where a substantial part of events or omissions occurred, or where the property is situated; or
3) If neither of above apply, venue is proper in a judicial district where any D is subject to PJ
Transfer of Venue Analysis
Asks:
1) Is there PJ?
2) Is there SMJ?
3) Is venue appropriate in the new district?
4) Is transfer to new venue in the interest of justice?
Fed Q juris under Erie
Fed substantive and procedural law will control.
Diversity Juris under Erie
Court applies state substantive law and federal procedural law
TRO
Party seeking to maintain status quo prior to a hearing for a preliminary injunction must show:
1) Immediate and irreparable injury would occur absent TRO; and
2) An effort was made to give notice to opposing side (or the reason notice should not be required)
Court may grant TRO without the opposing party present
