Subject Matter Jurisdiction Flashcards
3 Types of SMJ
- Diversity
- Federal Question
- Other / Supplemental
What are the requirements for Diversity?
- diversity in citizenship
2. amount in controversy ($75,000)
What is the test for an individual’s domicile? majority an minority
Gordon v. Steele (majority) fact of residency and intent to remain indefinitely
Mas v. Perry (minority) true, fixed, permanent home
What is the test for a corporation’s domicile?
state of incorporation and principle place of business
2 Requirements for SMJ
- Constitutional hook (Art. III Sec. 2 Part 2)
2. Statutory hook
What rule comes from Diefenthal v. C.A.B?
the sum claimed by a plaintiff controls so long as it is made IN GOOD FAITH and there must be a legal and factual basis for a recovery of that amount
what is the principle place of business test?
Hertz Corp. v. Friend - where the corporation’s highest level officers direct, control, and coordinate the corporation’s activities
How do we calculate amount in controversy for non-damage actions?
the court looks to the loss of the plaintiff to determine the amount in controversy
What is a tag along plaintiff?
a plaintiff who has less than $75,000 in damages may “tagalong” in a federal suit where the original plaintiff meets the amount in controversy
Can 2 plaintiffs aggregate their claims to meet the amount in controversy requirement?
No. at least one plaintiff must meet the amount in controversy by herself. UNLESS two parties have a joint interest.
2 requirements for Fed questions
Constitutional hook (Art III sec 2) and statutory hook
What is the constitutional scope for federal question?
“arising under” has been interpreted to mean that it requires only a federal ingredient. Osborn v. Bank of US
what is the statutory hook for federal question? How is it interpreted?
28 USC 1331 - more narrow
what is the well pleaded complaint?
Lousiville v. Mottley: elements of the complaint must involve federal question basis and defenses to potential defenses do not count as providing federal question.
What is Fed. Q. Type 1?
the holmes creation test: a suit arises under the law that creates the cause of action; counterclaims do not provide a basis to move suit to federal court, but they can if congress enacts a statute that permits it (ex. patents)
What is Fed. Q. Type 2?
Grable and Sons well proved complaint
What does the Grable Well Proved Complaint Rule say? (FQ type 2)
federal issue must be necessarily raise, actually disputed, substantial, and is a good idea for federal courts to hear it since it is a stat law claim that turns on a question of federal law
BONUS: what is the third type of federal question jurisdiction?
preemption
How long does a defendant have to remove a case to federal court?
30 days after it has been filed within or 30 days after it becomes removable
How long does a party have to make a motion to remand back to state court?
within 30 days after the filling of the notice or removal under 1446(a)
Can a party file an interlocutory appeal on a denial of a motion to remand?
Nope. parties have to wait to appeal until they get a final judgment BUT exceptions are provided under 1292
What imposes fees for removals that are not proper?
28 USC 1447
What is the forum defendant rule?
if a plaintiff choose to sue on the basis of diversity in a defendants home state, then the defendant cannot remove to federal court 1441(b)(2)
what is the one year rule and what type of SMJ is it based on?
(based solely on diversity jurisdiction) if the case could have been in federal court but the parties litigated more than 1 year in state court before it became removable, then it cannot be removed for judicial efficiency reasons.
