University:
Boston University
Course:
LAW AM 700 | Intro to American Law
Academic year:

2022
Views:

169

Pages:

1
Author:

esfredint7qo

Subject Matter Jurisdiction 2 Ways: Diversity of Citizenship or Federal Question Federal Question Jurisdiction 28 U.S.C. §1331 1. Does the claim "arise under" a federal statute, the Constitution, or a treaty of the US.T 2. Does it satisfy the wall-pleaded somplaint s? Le, does the P's cause of action rest on a federal claim? Cannot sest on an anticipated defense or rise on a counterclaim 3. There is no amsasunt in controversy requirement. For divenity purposes, a corporation is a citizen in its state of incorporation and in its principul place of business Yes For diversity purposes, an unincorporated entity is a citizen of every date whe neniben are citizens Yes Continue analysis Yes (one claim Ver Valid diversity jurisdiction. One Pv. One D De the P's aggregated clains, even those urgelated legally or transactionally, against the D exceed $75.000 No Nodiversity jaksafiction Removal Jurisdiction 28 U.S.C. §§ 1441, 1446 1. The federal court must have had SMU lod the P opted to begin the aim the 2. Only Ds can remove and all Ds must agree to do so. 3. The home state exception rule In diversity cases, only nonresident Ds can remove if no Ds from state 4. Removal must take place within 30 days of service or of the case becoming renoval 5. In a diversity case, removal must take place within 1 year of the commencement of the action. 6. No need to apply $1391 venue requirements if case is properly semoved. Sill can transfer. Diversity of Citizenship & Allenage 28 U.S.C. $1332 Does at least one side conust solely of US. citizens domiciled abroad? No Does at least one side comist solely of citizens of foreign countries? No hi a corpcwution a party? No kaunion or a portionship party? No Is diversity complete? No Pis a crizes of the same state a any D Yes Does the amin commoversy exceed $75.000 Yes Multiple parties on each side Dow each Phave a claim exceeding 575,000 against each D No Does one Phave a claim exceeding 575.000 against join tonfessor Ds? No No divenáty jurisdiction. Generally, aggregation is not allowed. True even if clairns are transactionally related. Yes Yes No diversity or alienage jurisdiction Yes No diversity juridiction if cach side vrily has foreigners. Allenge Jurisdiction Citizen of a State v citizen of a foreign country? (Eg. citizen of NY v. citizen of Soaim Yes No No diversity jurisdictica, Class action No Does the claim of every member of the class exceed $75.000 Yes Valid diversity jurisdiction. Footnotest 1 The principal place of business is determined by using two tesb 1. Nerve comer state where executiva decisions are made if operations are far flung or passive, ii. Place of activity HQ in one state and single activity in another: PPB will usually be in the state of operations. 2 A prenon is acitinen of a state if he is domiciled there. Domicile intent to stay-physical presence. 3. For injunctive relief, mou court uphold jurisdiction if the amount in controversy is ether the P was harmed to the extent of 575K-or the injunction would cost the D $75K+.