Notes Flashcards
In addition to the general rule regarding removal, other statutes authorize removal in specific cases, including:
i) Suits against the US, any federal agency, or federal officers for acts under color of office (§ 1442);
ii) Suits against federal employees for injuries caused from their operation of a motor vehicle within the scope of their employment (§ 2679(d)); and
iii) Actions involving international banking (12 U.S.C. § 632).
Certain statutes prohibit removal for otherwise removable actions, including:
i) Actions arising under the Employers’ Liability Act and under the Jones Act against a railroad or its receivers or trustees (§ 1445(a));
ii) Actions against carriers for delay, loss, or damage in shipments, when the amount in controversy does not exceed $10,000 (§ 1445(b));
iii) Actions arising under the workers’ compensation laws of the state in which the action is brought (§ 1445(c)); and
iv) Actions arising under § 40302 of the Violence Against Women Act of 1994.
Attachment Jurisdiction
Under “Attachment Juridiction” (historically, a type of quasi-in-rem jurisdiction, a plaintiff asserting a personal claim against the defendant would use attachment of the property as a device to obtain jurisdiction and satisfy the judgment, if successful. Since Shaffer v. Heitner, when the claim is not related to the ownership of the property that has been attached, there must be minimum contacts between the defendant and the forum state to establish jurisdiction.
Special venue rule: Case against federal official
An action against an officer or employee of the United States or its agencies acting in an official capacity or under color of legal authority may be commenced in a judicial district in which:
i) A defendant in the action resides;
ii) A substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of the property that is the subject of the action is situated; or
iii) The plaintiff resides, if no real property is involved in the action.
Special venue rule: Case brought under the Federal Tort Claims Act
Venue is proper either in the judicial district where P resides or in the judicial district where the act or omission occurred
Special venue rule: Case against foreign state (incl. a political subdivision, agency, or instrumentality)
Venue is proper in any judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of the property that is the subject of the action is situated. If the case is against a foreign state or its political subdivision, venue is also proper in DDC
Special venue rule: Multiparty, Multiforum Litigation
In a case in which the jurisdiction of the court is based on the multiparty, multiforum class action provision (e.g., at least 75 natural person died in an accident at a discrete location), venue is proper in any judicial district in which any defendant resides or in which a substantial part of the accident giving rise to the action took place.
Special venue rule: Case removed from state court
Venue is proper in the federal district where the state action was pending
TRO
A temporary restraining order (TRO) preserves the status quo of the parties until there is a full hearing on the application for a preliminary injunction. This temporary injunction remains in effect for an amount of days to be set by the court, but no longer than 14 days unless good cause exists or by consent of the adversary.
Cross-claim jurisdiction
A cross-claim that arises out of the same transaction or occurrence may be asserted by one defendant against another defendant without regard to the amount in controversy or the citizenship of the parties to the cross-claim as long as the court has subject-matter jurisdiction. Even if the cross-claim does not arise under federal law and does not meet the requirements for diversity jurisdiction, the court can still exercise supplemental jurisdiction over the cross-claim since it arises out of the same transaction or occurrence as the purchaser’s claim.
Appeal of a class cert - effect on proceedings in district court
If an appeal is permitted, it will not stay proceedings in the district court unless the district court or the court of appeals so orders
When a 10b6 becomes a MSJ
A court must treat a motion to dismiss for failure to state a claim upon which relief can be granted as a summary judgment motion only when materials outside the pleadings are submitted with the motion and the court considers those materials in making its decision. This is so even if D has not filed an answer.
3rd party D impleader
A defendant may implead a third party at any time after the complaint has been filed by serving a summons and third-party complaint on the third party. The defendant (i.e., the third-party plaintiff) may do so without the court’s permission if he files the third-party complaint within 14 days after serving his answer to the plaintiff’s complaint.
