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§1332(a)
* BASIC *
Diversity!
- SMJ for cases arising between citizens of different states and amount in controversy exceeds $75k
§1331
Federal Question!
Congress may authorize federal courts to hear cases "arising under" federal law if it creates π's entitlement to remedy when:
- ∆ allegedly violated the statute OR
- federal statute authorized π to sue
§1441(a)
If no statute forbids, a cause of action that COULD have been originally filed in federal court then ∆s may remove to respective state federal court
§1447(c)
π has 30 days to raise non-jdx problems. SMJ defects can be raised @ any time.
Improper removal may require payment of just costs and expenses.
§1391(d)
Multiple Districts.
[Corporations only] Perform district-level PJ analysis. Incorporated in a state alone ≠ residency in every district.
§1652
A federal court hearing state claims must apply state substantive law and federal procedural law
§1257
SCOTUS has appellate jdx over judgments of a state's highest court involving decisions about federal law
§1441(b)(2)
In-State ∆ Rule.
A case based on diversity CANNOT be removed if any ∆ is a citizen of the state in which the action is brought.
FRCP Rule 4(k)(1)(A)
Federal court borrows the long-arm statute of the state in which it sits when the case is originally brought in federal court
§1404
Transfer of Proper Venue.
For the convenience of all parties and witnesses, in the interest of justice, a district court MAY transfer any civil action to any other district court where it might have been brought to OR any district/division to which ALL parties have consented.
§1332(c)(1)
Corporate Citizenship
- Citizen where incorporated + principal place of business
§1367(a)
Except as in §1367(b), §1367(c), or by federal statute, courts may exercise supplemental jdx over claims from the same case or controversy as the anchor claim
§1446(a)
Removal Procedures.
∆s must file in the district court a notice of removal with a copy of court orders, pleadings, and process.
§1391(a)
Venue Applicability.
Some cases require specific courts, by statute, and will be decided without regard to whether the action is transitory (i.e. car crash)
§1406
Transfer or Dismissal of Improper Venue.
District court in which a case laying venue in the WRONG district/division SHALL dismiss OR, if it be in the interest of justice, transfer such case to any district/division where it could have been brought.
§1332(b)
If judgment awarded is less than $75k, judge can refuse to make ∆ pay π's legal costs and force π to pay ∆'s instead
§1367(c)
Courts have discretion over exerting supplemental jdx and may decline when considering:
- claims raising a novel or complex state law issue
- state claims predominate
- federal claims have been dismissed
- exceptional circumstances
§1446(c)(1)
In diversity cases, a case is NOT removable after 1 year UNLESS π acted in bad faith to prevent removal
§1391(c)(1)-(c)(2)
Residency for Venue.
(c)(1): Natural Persons = Domicile
(c)(2): Entities = Incorporated/PPB + anywhere where subject to PJ
Asahi Public and Private Factors
- Private: Delay/prejudice from transfer, Availability of witnesses, Ability to enforce a judgment, Trial expenses, Place of alleged wrong, inaccessibility/inconvenience for parties, Location of counsel, and location of docs/evidence
- Public: Judicial economy, Subject matter expertise, Choice of Law difficulties, Local interest in local controversies, Consolidating related jurisdiction, caseloads of courts
§1332(a)(1)-(a)(4)
(a)(1): Citizens of different states
(a)(2): Citizen v. foreign state subject [except green card holders from same state]
(a)(3): Citizens of different states with foreign subjects added as additional parties
(a)(4): Foreign state π v. US citizens
§1367(b)
NO supplemental jdx for diversity cases over claims
- made by π against persons made parties under FRCP Rules 14, 19, 20, or 24 OR
- claims by persons proposed as joinders under Rule 19 or intervenors under Rule 24
When exercising jdx destroys diversity or undermines §1332
§1446(b)(1); §1446(b)(2)(A); §1446(b)(3)
Removal Requirements.
(b)(1): ∆ must remove a case within 30 days of receiving complaint.
(b)(2)(A): All ∆s must agree to remove.
(b)(3): Clock renews when complaint is amended.
§1391(b)(1)-(b)(3)
(b)(2): Venue in district where substantial part of events occurred.
(b)(3): Venue in district where any ∆ may be subject to PJ.
FNC Public and Private Factors
- Private: Subpoena power over witnesses, worse substantive law in alternative forum, access to evidence, π's choice of forum, practical problems, view of premises, and cost of obtaining witnesses
- Public: juror's burden to resolve remote dispute, practical problems, court congestion in forum, choice of law complications, local interest in keeping the dispute, and court's familiarity with controlling law