SMJ

Question 1

Is diversity destroyed when a P from State A is suing a partnership with partners from State A, State B and State C?

Answer 1

Yes. There must be COMPLETE diversity meaning that no party on one side of the “v” is from the same forum state as someone on the other side of the “v”

Question 2

Supplemental Jurisdiction

Answer 2

Allows a federal court to bring in additional claims that on their own do not meet diversity or FQJ.

Question 3

Requirements for SJ

Answer 3

1. Common nucleus of operative fact between the existing claim and the one attempting to be brought in.
2. Meaning the existing claim must have FQJ or diversity.

Question 4

Discretionary Refusal for SJ

Answer 4

1. OG jx claims are dismissed in an earlier proceeding.
2. Complex or Novel state issue.
3. Supplemental claims predominate the original claim.

Question 5

Removal

Answer 5

1441: the defendant is permitted to remove a case to fed. court if a P could have brought it there originally. If it could not, the D cannot remove the case.

All Ds must consent to removal & no D must live where the claim was originally filed.