Subject Matter Jurisdiction

Question 0

Well Pleaded Complaint Rule

Answer 0

FQJ works if claim in plaintiff’s side of lawsuit

Regardless of any defense that can be raised.

Question 1

When Do We Have Subject Matter Jurisdiction

Answer 1

Federal Question
Diversity
Removal
Supplemental Jurisdiction

Question 2

Federal Question Inside State Law Claims

3 Requirements When Allowed

Answer 2

1. Federal Question is actually in dispute
2. Requires federal expertise and uniformity
3. jurisdiction will not result in a significant number of cases transferred to federal courts.

Question 3

Diversity Action - Defined

Answer 3

between citizens of different states
citizens and aliens
Amount over $75000

Question 4

When is diversity complete

Answer 4

no plaintiff and no defendant are citizens of the same state

Question 5

Diversity and Timing

Answer 5

Diversity is measured at time lawsuit is filed.

Amendments to add or dismiss a party can affect jurisdiction.

Question 6

Diversity Exception for Class Actions

Answer 6

class < 100 persons
amount in controversy exceeds $5m
Diversity need only be minimal
Any single P diverse from any single D

Question 7

Citizens - human being test

Answer 7

Citizen of the state where you reside and intend to remain indefinitely.

Question 8

Citizenship - Hobo Rule

Answer 8

Citizenship does not change until person lives somewhere with intent to remain

Question 9

Citizenship - Corporations

Answer 9

State of incorporation and

Where it maintains its principal place of business

Question 10

Where is a corporations principal place of business

Answer 10

Where its nerve center is. Principal management parties reside

Question 11

Citizenship for Unincorporated Associations

Answer 11

llc’s , partnerships, unions

Citizenship of these organizations are the citizenships of every member

Could be citizen of every state and therefore never have diversity of citizenship from any citizen of the US

Question 12

Amount in Controversy

Answer 12

$75k
defer to P
unless it appears to a legal certainty it is incorrect.
Claim must be in good faith.

Question 13

Aggregation of Multiple Claims and Multiple Defendants

Amount in controversy

Answer 13

can aggregate claims against single D to meet amount in controversy

no aggregation of claims against multiple defendants to do this

Question 14

Supplemental Jurisdiction - Defined

Answer 14

Allows clams to piggy back on claims that fall under federal question or diversity

Question 15

Steps to SMJ analysis

List

Answer 15

1. Determine Relatedness
2. Watch for Sneaky Plaintiffs
3. Consider State Perogatives

Question 16

SMJ - Relatedness Analysis

Answer 16

arise from same transaction or occurrence

Question 17

Sneaky Plaintiff Analysis - SMJ

Answer 17

anchor claim is diversity claim
no stacked Defendants or 3rd party defendants

if anchor claim is a federal question - ok

Question 18

SMJ Analysis - State Perogatives

Answer 18

Courts will decline where

1. claim involves novel, complex issue of state law
2. claim substantially predominates over federal question or diversity claim
3. court has dismissed anchor claim
4. exceptional circumstances where other compelling interests exist

Court may but doesnt have to decline jurisdiction but doesnt have to do so.

Question 19

Removal jurisdiction

Answer 19

permits FC to hear case brought in state court
only an option for defendants
If P wants case in federal court, P must file there

Question 20

Grounds for Removal

Answer 20

If plaintiff’s case could have originally been filed in federal court, it can be removed there.

original claim, not counterclaim, cross-claim, or impleader

must have subject matter jurisdiction (Federal question, diversity, or supplemental jurisdiction)

Question 21

When a case may NOT be removed

Answer 21

1. Federal jurisdiction grounded in diversity jurisdiction
2. D is citizen of state where action is filed

home state defendant rule

Question 22

Removal of case with multiple defendants

Answer 22

All defendants must agree to removal

Question 23

Timing of Removal

Answer 23

D must remove within 30 days from day grounds for removal became apparent.

Where multiple parties are served at different times, the clock starts from day the last defendant is served.

Question 24

Timing of Removal for Diversity Actions

Answer 24

If removal is based on diversity of citizenship, D must remove within one year of the date of filing unless P attempted to thwart removal