Civ Pro Asbury Fall 2016
Table of Contents
2. Subject Matter Jurisdiction & Complete Diversity
3. Federal Question SMJ – Removal Jurisdiction
4. Representative Suits/Assignment of Claims + PJ
5. Citizenship of Entities + Traditional Approaches to PJ
6. FOUR TRADITIONAL BASIS FOR PJ + International Shoe
7. Int’l Shoe
8. McGee – World Wide Volkswagen
9. Keaton – Burger King
10. Stream of Commerce + General Jurisdiction + Quasi-in-rem
11. Transient Presence (tag jurisdiction) + The Internet
12. Venue
13. Challenges to Jurisdiction
14. Choice of Law
15. Notice + Pleadings
16. 18. Pleadings and Judgements based on pleadings
19. 20. Joinder
SUBJECT MATTER JURISDICTION
Rule 12(b)(1) – SMJ may be challenged at any time during litigation
States have General Subject Matter Jurisdiction to hear any type of claim
Article III – US Constitution
Section 2: “The judicial Power shall extend to all Cases…
In Law and Equity, arising under this Constitution, the Laws of the United States… [federal question]
between Citizens of different States… [diversity]
and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects [alienage]
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B.2 WAYS TO GET INTO FEDERAL COURT
Diversity of Citizenship cases
(1) All plaintiffs are citizens of different states from all defendants; (2) the amount in controversy EXCEEDS $75,000
“federal question” cases
The plaintiff’s claim arises under federal law
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COMPLETE DIVERSITY – Determining Citizenship of Individuals
28 USC § 1332
US district courts shall have original jurisdiction of any civil action in which
the amount in controversy exceeds the sum or value of $5,000,000
it is a class action in which there is minimal diversity
US District Courts have subject matter jurisdiction [diversity] when:
the amount in controversy EXCEEDS $75,000
the case is between citizens of different states or of a foreign state
A corporation is a citizen of every State and foreign state:
by which it has been incorporated; and
of the State or foreign state where it has its principal place of business (“nerve center”)
Strawbrid
defendants who reside in the state where suit is filed cannot remove a case to federal court based on diversity of citizenship [§1441(b)(2)]
28 USC §1446- Procedure for removal of Civil Actions
28 USC §1446(a) A case can only be removed to the federal district “embracing the place where such action is pending”
§1446(b)(1) provides 30 days in which to remove a case after service of a complaint is effected
§1446(b)(2) All defendants who have been properly joined and served with process must agree to the removal of the case to federal court – “rule of unanimity”
§1446(c) requirements for removal based of diversity
28 USC §1447- Procedure after removal generally
If D is invoking federal subject matter jurisdiction, the defendant has the burden to demonstrate that the P’s claim invokes that jurisdiction
A D’s notice of removal needs to include a plausible allegation that the amount in controversy exceeds the jurisdictional threshold
