28 U.S.C. § 1332
Citizenship
Citizenship
For domicile to be established, what is needed?
What is physical presence and intent to stay.
The minimum amount needed for the amount in controversy
What is $75,001?
Must exceed $75,000.
What is the time of filing rule?
What is determination of citizenship is determined at the time of filing?
When does aggregation typically occur to satisfy the amount in controversy requirement?
What is "aggregation has been permitted only in cases in which a single plaintiff seeks to aggregate two or more of his own claims against a single defendant"
What is the Well-Pleaded Complaint rule?
What is
"holds that to qualify for statutory federal question jurisdiction, the presence of a federal question must appear in the plaintiff's presentation of its case in the context of a "well-pleaded" complaint, that, is one that limits itself to a statement of its own cause of action."
Where is a limited liability partnership's citizenship?
What is "diversity jurisdiction depends on the citizenship of all of its partners."
What does interest refer to in 28 U.S.C. § 1332?
What is "excluded interest includes prejudgment interest a plaintiff seeks to compensate it for any delay in payment on a debt or judgment that is due"
Can post-filing changes in citizenship of parties cure a lack of diversity that existed at the time of filing?
What is No.
What is the other circumstance in which courts will permit aggregation?
What is when a plaintiff asserts claims against multiple defendants based on joint-and-several liability.
What is the Master-of-the-Complaint Rule?
What is the "party who brings suit is master to decide what law he will rely upon."
For example, plaintiffs can keep a case in state court by not including claims based on federal law. However, this can lead to defendants having to prove that a plaintiff's state law claims actually arise under federal law.
Does Diversity Jurisdiction apply in a case where the Plaintiff is from California and the Defendant is from France?
What is Yes?
The statute permits diversity jurisdiction over cases where they are aligned against citizens of a U.S. state or when they are simply additional parties to an action that already involves adversaries who are citizens of different U.S. States.
Can the amount in controversy be met with the assistance of the defendant's counterclaim?
What is No.
Where the plaintiff's complaint does not involve the jurisdictional amount, defendant's counter claim could not supply it.
Can a party, under 28 U.S.C. § 1359, attempt to create diversity by assigning its claim to a diverse party?
What is No, it would violate 28 U.S.C. § 1359?
T/F: these restrictions of aggregation are constitutional in nature.
What is no.
These restrictions on aggregation are based on interpretations of the diversity statute and are not constitutional in nature, meaning Congress is free to alter or deviate from them through legislation.
When does complete preemption doctrine apply?
Would an action involving non-U.S. citizens who are not citizens or subjects of any foreign state- "stateless" persons" qualify for federal diversity jurisdiction?
T/F: Punitive damages can not be included in the amount in controversy.
What is false.
Punitive damages are included in the amount in controversy but the existence of the required amount must be supported by competent proof.
Ex: $1,200 in compensatory damages and $161,000 in damages. $161,000 is excessive.
What is artful pleading?
what is "entails efforts both to avoid federal jurisdiction and to obtain it."