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Civil Procedure I
West Virginia University School of Law
Thornburg, Elizabeth G.

POLICY THEMES:
1.      Procedural rules can create predictable advantages and disadvantages
2.      Parties use procedural rules strategically.
3.      Repeat players have certain advantages over one shot players, some of which are reflected in their ability to use procedural rules to their advantage.
Plaintiff’s Complaint: (these are things that might be at issue.)
–         Personal Jurisdiction over parties.
–         Subject Matter Jurisdiction over case.
–         “Venue” –required connection between people/events and forum.
–         Notice to Defendant (service of process)
–         Content
o       Shows that pleader is entitled to relief
o       Short and plain statement of the claim
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Subject Matter Jurisdiction:
A.     Diversity of Citizenship (§1332) (a) The district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000 AND
1.   Is between citizens of different states.
2.   Citizens of a state and citizens of a foreign state.
 
Based on Citizenship
§         Humans
1.      Domicile of origin
o       Where you are born
§         If parents are married you take your father’s domicile
§         If parents are not married you take your mother’s domicile
2.      Domicile of choice – can change as an adult, must have two things
o       Presence in domicile
o       Must intend to make it your domicile
§         Prisoner has no intent, same with someone in the military
§         1332(c) Corporations
1.      (1) Look at state where they are incorporated
·        Also where the principle place of business is (choose one)
§         Where they do the most business (muscle test)
§         Where their “nerve center” is located – the decision makers of the company
o       May have domicile in one or more states based on incorporation but not principle place of business, which will be one state.
o       Unincorporated associations
§         Unions not treated as an entity, union is a citizen of all states and members
o       In a class action, only look to the named plaintiff’s domicile
o        Citizenship is determined at time lawsuit is filed.
o        
Strawbridge v. Curtiss – 1806 (335-336
This case stands for the principle that full diversity is required.
“that where the interest is joint, each of the persons concerned in that i

e original cause of action.
2.       NO fed. jurisdiction if the federal issue is a defense.
o       Mottley Case: Breach of contract w/ RR for free life passes was original cause of action. Sued in federal court because federal statute caused breach of contract by RR. Though federal question was included in complaint, it was not the original cause of action.
3.      Easy- Suing under first amendment, which would be under federal law. Or civil rights act. Patents, all constitutional rights. These cases are obviously federal questions.
4.      Harder: Federal law is a component of a state cause of action.
 
Merrell Dow Pharmaceuticals: Federal jurisdiction unavailable for state tort claim resting in part on an allegation that drug company violated federal branding law. (burden of cases on system). The court says that although this is an antecedent federal issue, it is not the only cause of action. There are 5 other components and the federal issue is only one of them.