Subject Matter Jurisdiction

Question 1

What do you need for a judge to consider hearing your case?

Answer 1

• Subject matter jurisdiciton
• Personal Jurisdiction
• Venue

Question 2

What is Subject Matter Jusisdiction “SMJ”?

Answer 2

The power of the court over a particular case.

• SMJ tells you whether you can sue in federal ct

Granted to fed. district cts from Congress.

Referring to the judical ct system not the geographical location

Appears in four circumstances:

1. Federal Question jurisdicition
2. Diversity Jurisdction
3. Supplemental Jurisdiction
4. Removal Jurisdiction

Question 3

What is federal question jurisdiction?

Answer 3

Jurisdiction over suits that involve a federal question.

Answer two questions:

1. Well pleaded complaint - if the fed. claim is in the plaintiff’s side of the lawsuit regardless of any defenses the defendant might raise
   
   • is it in the complaint not in the defense to the complaint
2. Federal Question inside state law claims
   
   • where the action involves both state & fed question; will be permissible if the fed question:
     
     • is actually in dispute
     • demands the expertise of fed. judges & uniformity
     • fed jurisdiciton would not result in a large transfer of cases from the state cts to the fed cts

Question 4

What is diversity jurisdiction?

Answer 4

It is a claim:

• Between citizens of different states or an American citizen & an alien AND
• for an amount over $75,000

Question 5

What do you need to have for diversity jurisdiction?

Answer 5

• Diversity must be complete - exist so long as no plaintiff & defendant are citizens of the same state
  
  • make sure no state on the plaintiff side crosses over to the defendant side
• Timing - measured @ the time the lawsuit is filed
  
  • if a complaint is amended to add or dismiss a pty, this can affect jurisdiction
• EXCEPTION - dealing with class actions
  
  • sometimes complete diversity need not be complete if the class is over 100 & over $5 million
  • diversity only need to be minimal

Question 6

How do you determine citizenship of a human being?

Answer 6

• Individual/Human Beings
  
  • citizen of:
    
    • the state in which they reside &
    • intend to remain (no presnt plan to leave)
  • Hobo rule
    
    • citizenship does not change until you plant your roots, do the two part above

Question 7

How do you determine the citizenship of a corporation?

Answer 7

• Corporations
  
  • citizen of the
    
    • state/states of incorporation &
    • state in which it maintains its principal place of business
      
      • it is the nerve center where the people who control the org sit not where you do most of your business

Question 8

How do you determine the citizenship of unincorporated associations?

Answer 8

Examples include: unions, limited liability companies/corporations (LLCs), partnerships, & ordinary sole proprietorship

The citizenships is the:

• citizenship of every member

Question 9

How do you determine the citizenship of representatives?

Answer 9

Minors, deceased, incapacitated.

The ct looks for the citizenship of the pty in interest not the citizenship of the representative

Question 10

What is the rtule for the amount in controversey?

Answer 10

It must exceed $75K

Cts defer to plaintiff’s statement unless it appears to a legal certainity that such allocates in incoorect

Doesn’t matter if this amount is actually recovered.

Can aggreagte the claims if:

• multiple claims by a particular plaintiff against a particular defendant
• No aggregation of claims if multiple claims against multiple defendants

Question 11

What is supplemental jurisdiction?

Answer 11

This allows a claim falling outside of FQ or doversity jurisdiction to piggyback on a claim that does fall w/in FQ or diversity jurisdiction

Question 12

What steps do you take to determine if there is supplemental jurisdiction?

Answer 12

1. Determine relatedness
2. Watch for sneaky plaintiffs
3. Consider state perogatives

Question 13

How do you dtermine relatedness?

Answer 13

Ask yourself:

• Does the claim seeking piggyback jurisdiction arise from the same transaction or occurance as the claim falling w/in FQ or diversity
  
  • YES —- Go to next step
  • NO —– supplemental jurisdiction is unavailable

Question 14

How do you watch out for the sneaky plaintiff?

Answer 14

Thie sneaky plaintiff concept only applies where the anchor claim is a diversity claim

• If it is FQ — go to step 3

If it is a diversity claim:

• determine whether the pggyback claim is brought by a P against a pty whose presence in the suit is pursuant to rule 14, 19, 20 or 24
• 14 - look for 3rd pty Ds
  
  • P cannot rely on supplemental jurisdiction to sue a 3rd pty D where the anachor claim is a diversity claim
  • D can use supplemental jurisdiction to implead another D where the anchor claim is a diversity claim
• 19, 20, 24 - look for stacked ptys
  
  • allows multiple ptys on the same side of the v to sue or be sued together
  • you can have claims of a stacked P against a single D

Question 15

What are state perogatives?

Answer 15

State law generally get adjudicated in state cts particularly in the following instances:

• the piggy back claim involves a novel & complex issue of state law
• the piggyback claim “substantially predominates” over the FQ or diversity claim
• the ct has dismissed the anchor claim
• the exceptional circumstances, where other compelling reasons exits

The ct may decline but it is not required to do so

Question 16

What is removal jurisdiction?

Answer 16

• permits a fed ct to hear a case that was originally filed in state ct
• only an option for Defendants

Question 17

What are the grounds for removal?

Answer 17

• D can remove a case from state to fed ct if the case could have originally been filed in fed ct.
• Cts will look at:
  
  • FQ
  • Diversity
  • Supplemental jurisdiction
• Counterclaims, cross-claims, & interpleader claims are not enough to allow removal
  
  • it is based on whether P’s lawsuit could have been filed in fed ct
• EXCEPTION:
  
  • D may not remove a case if:
    
    1. fed jurisdictionwould be ground only in diversity jurisdiction NAD
    2. the D is a citizen of the state in the state where the action was filed
  • Does not apply if it is a FQ case

Question 18

How to treat multiple defendants in removal jurisdiction?

Answer 18

Generally, they all have to agree

• anyone has veto power
• EXCEPTION
  
  • in class actions

Question 19

When does/must removal happen (Timing)?

Answer 19

• Generally
  
  • D must remove w/in 30 days of when the grounds for removal became apparent
    
    • apparent - usually served with process
  • someone new added or dismissed making it diverse, then 30 days from that point
• Multiple Ds served at different times
  
  • the 30 days for removal runs from the date the final D is served
  • later service on a D does not give the earlier served D initiate the removal
• Diversity Action
  
  • If it is based on diversity jurisdiction, D must remove w/in one year of the date the case was filed unless P attempted to thwart removal in some way