SMJ

Question 1

Diversity

Strawbridge v. Curtiss

Answer 1

Complete diversity is required

§ 1332(a)

Question 2

Diversity

Mas v. Perry

Answer 2

1. Citizenship is where you were born
2. Citizenship may be changed by physically moving and by intending to make it your true, fixed, and permanent home
3. Amount in controversy is pled in good faith even if the awarded amount does not meet the limit

§ 1332(a)

Question 3

Diversity for corporations

Hertz v. Friend

Answer 3

Coporations are citizens of the state in which they are incorporated and the state of their “nerve center” where exectuive decisions are made

§ 1332(a)

Question 4

Diversity for LLCs and Partnerships

Belleville Catering v. Champaign Market Place L.L.C.

Answer 4

Partnerships and LLCs take citizenship of every general and limited partner

§ 1332(a)

Question 5

Diversity

Exceptions where there is diversity but not SMJ

Answer 5

Domestic and probate controversies

Question 6

FQ

L&N Railroad v. Mottley

Answer 6

The well-pleaded complaint rule (not enough to antitcpate a defense that raises an FQ)

§ 1331

Question 7

FQ

Smith-Grable Test outlined in Gunn

Answer 7

1. Was a federal issue raised
2. Actually disputed
3. Substantial
4. Capable of resolution with disrupting federal/state power balance

§ 1331

Question 8

What circumstance may P aggregate?

Answer 8

P may aggregate all of their claims against D even if claims are unrelated.
P may also have a > $75k against multiple D’s that are joint and several liable

Question 9

What circumstance may P not aggregate?

Answer 9

If ther are multiple plaintiffs or multiple defendants each individually liable they may not aggregate to meet the $75k requirement