SMJ Flashcards
What types of cases can states hear?
Pretty much anything except certain federal cases like patent infringement, bankruptcy, some federal securities, and antitrust claims. But most cases arising under federal law can be heard by state courts.
Basis for Federal court SMJ?
1) DIVERSITY: between citizens of different states OR between citizen of us state and citizen of foreign country AND AOC > 75k.
2) COMPLETE DIVERSITY REQUIRED at the time when case is filed.
3) Exception: for non us-citizen green cards, look to current state of domicile (alienage ignored).
4) Exception: Fed Courts decline to hear divorce, alimony, child custody, and actions to probate an estate.
5) Exception: Fed Courts ignore diversity by sham transaction
6) FEDERAL QUESTION: P’s claim must arise under federal law.
7) well pleaded complaint rule. Is the P enforcing a federal right?
How is citizenship determined?
1) Human: place of domicile. Physical presence + intent to make place your home for indefinite future. Domicile retained until changed.
2) Corporation: where incorporated AND one state of PPB (HQ/Nerve Center)
3) Unincorporated Association: Takes on citizenship of all of tis members.
4) Decedents, minors, and incompetents: representative is irrelevant.
5) Class action: citizenship of named representative of class.
How do you calculate amount in controversy?
1) only claim itself is considered. Whatever P claims in good faith, unless clear to a legal certainty that cannot recover more.
2) A single P can aggregate claims against a single D. However, can use the total value of joint claims. (multiple p’s asserting a joint claim).
3) equitable relief: Value according to P’s viewpoint OR to D’s
What is the removal process and what is required?
1) Federal SMJ necessary.
2) State court didn’t need to have jurisdiction.
3) D files notice of removal in FEDERAL COURT with grounds of removal. Permission of state/federal court not required. D attaches all docs that were served on her in state action.
4) D promptly serves a copy of notice of removal on adverse parties and files a copy in state court.
5) Timing: no later than 30 days after service of the first paper that shows case is removable.
6) All D’s must join. Can file separate notices. Earlier D can join later D’s removal.
7) P cannot remove (even if D files CC)
8) Limitations for DIVERSITY REMOVAL: case cannot be removed if any D is a citizen of forum state + case cannot be removed more than one year after case was filed in state court (unless party joined to prevent removal).
9) removal venue: fed district court embracing the state court where the case was filed (ignoring venue rules).
What is the process for remanding to state court?
1) P files motion to remand.
2) if based on a reason other than lack of SMJ, must move to remand no later than 30 days after filing of the notice of removal.
