Subject Matter Jurisdiction

Question 1

Is there diversity jurisdiction in a suit against P’s employer located in State A after he moves in with his mother in State B but kept his stuff and retained his apartment from State A?

Answer 1

There is no diversity jurisdiction - even though diversity is determined when the case is filed but there is no evidence of a change in citizenship - (a) kept apartment, (b) kept stuff all in State A

Question 2

In a diversity jurisdiction action where P is in State A and D1 and D2 are both in State B, can D1 file a cross claim against D2?

Answer 2

Yes, because it arises out of the same transaction as initial claim, there is no need to meet diversity or amount

Question 3

Apart from Minnesota, which state is a corporation most likely to also be considered a citizen if it has (1) corporate HQ in Wisconsin, (2) incorporated in Minnesota, (3) ingredients sourced from Iowa, (4) sole manufacturing / distribution in Illinois, and (5) most customers are in California

Answer 3

Wisconsin because a corporation is usually a citizen of any state where it (1) has corporate HQ, (2) has its corporate nerve center, or (3) any other state where it has reasonably availed itself (facts / circumstances specific)

Question 4

Can 3PD challenge an amendment to P’s pleading to include 3PD after 3PD had been impleaded by D even though P and 3PD are both citizens of the same state?

Answer 4

Yes, the court must uphold 3PD’s challenge to P’s amendment because (1) there is no diversity jurisdiction b/c 3PD and P are citizens of the same state and (2) there is no supplemental jurisdiction b/c (a) it is solely based on diversity jurisdiction and (b) 3PD was already made a party by D through impleader