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Civil Procedure II
University of Illinois School of Law
Vogel, Steven Howard

CIVIL PROCEDURE II OUTLINE
 
1.        SUBJECT MATTER JURISDICTION
a.        Diversity Jurisdiction – § 1332
                                                   i.      TWO BASIC REQUIREMENTS
1.        Diversity
a.        Complete Diversity of Parties
                                                                                                                           i.      All plaintiffs must be citizens of states different from those of all defendants (Strawbridge v. Curtiss – U.S. 1806)
                                                                                                                          ii.      “Diverse citizenship amongst adverse parties must be present at the time the complaint is filed. Jurisdiction is unaffected by subsequent changes in the citizenship of the parties.” (Mas v. Perry)
                                                                                                                        iii.      For class actions, the citizenship of the class is determined by reference to the citizenship of the named plaintiff or representative party
                                                                                                                        iv.      Congress may relax or except to the requirement of complete diversity via statute (e.g. Interpleader Statute – § 1335 – allowing for minimal diversity)
b.       Citizenship
                                                                                                                           i.      US citizens are citizens for diversity purposes of the state of the US in which they have their domicile
1.        “Determination of one’s State citizenship for diversity purposes is controlled by Federal law, not by the law of any state.” (Mas v. Perry – 1974)
2.        “A person’s domicile is the place of ‘his true, fixed, and permanent home and principal establishment, and to which he has the intention of returning whenever he is absent therefrom’” (Mas v. Perry)
3.        Until one acquires a new domicile, one remains a domiciliary of the same State – A change of domicile may be effected by a combination of 2 elements:
a.        Taking up residence in a different domicile
b.       With the intention to remain there
                                                                                                                          ii.      Can involve citizens of foreign states (see § 1332(a)(2)-(4))
                                                                                                                        iii.      Aliens admitted to the US for permanent residence are treated as citizens of the state in which they are domiciled
                                                                                                                        iv.      Corporations are considered to be citizens of both the state of incorporation and principal place of business
1.        “Principal place of business” may be determined by:
a.        “Muscle Test” – focus on the state where the corporation’s physical plant and tangible assets are primarily located
b.       Site of the corporations HQ or “nerve center”
                                                                                                                          v.      Insurers and insurance companies (whether incorporated or unincorporated) being sued by the insured(s) shall be deemed a citizen of the State of which the insured is a citizen, as well as the state of incorporation and principal place of business
                                                                                                                        vi.      Unincorporated associations are considered to be citizens of all states in which the members are citizens
                                                                                                                       vii.      Legal rep of a decedent’s estate shall be deemed to be a citizen of the same State as the decedent
                                                                                                                     viii.      Legal rep of an infant or incompetent shall be deemed to be a citizen of

t the archaic test of being “common and undivided” claims, they can aggregate
                                                                                                                                                                                                   i.      The test for this is the nature of the right asserted by the Plaintiffs – Can each plaintiff sue to vindicate that right as an individual apart from the class?
                                                                                                                          ii.      Amounts included
1.        Actual Damages
a.        Out-of-pocket economic losses
b.       Non-economic damages (e.g. loss of consortium, pain & suffering)
2.        Punitive Damages
a.        NOTE: These are scrutinized much more closely because they are awarded only in exceptional cases
3.        Interest & Court Costs NOT INCLUDED!!
4.        Attorney’s fees NOT INCLUDED!!
a.        Except when specifically provided for by a statute (see Kanter)
                                                                                                                        iii.      Injunctions
1.        Cannot use the defendant’s viewpoint approach and attribute the cost of an injunction to the named plaintiff b/c it is “basically the same as aggregation.” (Kanter)
a.        “Accepting Pfizer’s argument would mean that virtually every mass-tort class action involving a request for injunctive relief would satisfy the amount-in-controversy requirement of § 1332.” (Kanter)
Courts generally refuse to allow a request for injunctive relief to provide the basis for federal jurisdiction (under diversity) where