SMJ
What is the “well-pleaded complaint rule”?
Federal question jurisdiction exists only if the plaintiff’s properly pleaded complaint raises an issue of federal law.
what statute governs supplemental jurisdiction?
Which part of the statute must you always give Lavelle?
28 U.S.C 1367
(a) & (c)
If multiple defendants are served at different times, when does the 30-day removal clock start?
The 30-day period restarts for each defendant upon their service.
When a defendant removes a case from state court to federal court, it must be removed to which specific federal district court?
To the federal district court that embraces the place where the state action was filed.
what is the "at time of filing" rule in diversity jurisdiction case?
citizenship is determined at the time the case is filed and parties must be diverse at this point.
How do you determine if a state and federal claim form part of the same “case or controversy” for supplemental jurisdiction purposes?
Look to see if they share a common nucleus of operative fact.
what is the forum defendant rule?
28 U.S.C. § 1441(b)(2), prevents a diversity case from being removed from state to federal court if any defendant is a citizen of the forum state (the state where the case is filed)
Subject Matter Jurisdiction is only needed in federal court. True or False
False- every court no matter the level, has to have SMJ over the case.
Under 28 U.S.C. § 1332(c), what is a corporation’s citizenship for purposes of diversity jurisdiction?
The corporation is a citizen of both its state of incorporation and the state where it has its principal place of business (the “nerve center”).
If a federal court dismisses all federal claims early in the case, what can it do with the remaining state-law claims? Which Statute supports your answer
It may decline to exercise supplemental jurisdiction and remand or dismiss the state claims under § 1367(c).
A plaintiff sues a defendant in state court for breach of contract worth $100,000. The defendant removes to federal court, but both are citizens of NC. What should the federal court do and why?
Remand the case — no diversity or federal question jurisdiction exists.
What is the "test" for determining a person’s state citizenship for diversity purposes?
Their domicile — the state where they are physically present and intend to remain indefinitely.
A plaintiff files a federal claim under the Americans with Disabilities Act and a related state-law negligence claim in the same complaint. What doctrine allows the federal court to hear the state-law claim?
Supplemental jurisdiction under 28 U.S.C. § 1367(a).
what are the exceptions to supplemental jurisdiction in diversity cases under §1367(b)
In diversity cases, 28 U.S.C. § 1367(b) prohibits supplemental jurisdiction over claims which would destroy complete diversity.
how many days after receiving the initial pleading does a defendant have to remove
30 Days
Plaintiff, a citizen of Virginia, sues Defendant, a citizen of Maryland, for defamation, seeking “damages not exceeding $74,999.” Defendant shows in the removal notice that Plaintiff recently demanded $100,000 in settlement. Does the federal court have jurisdiction?
Yes — if the defendant proves by a preponderance of the evidence that the amount in controversy exceeds $75,000, the court may exercise diversity jurisdiction.
Two plaintiffs, both citizens of Georgia, sue Defendant, a citizen of Florida, in one action. Plaintiff A claims $50,000 in damages for a breach of contract; Plaintiff B claims $40,000 for an automobile accident. Can the federal court exercise diversity jurisdiction?
No — separate and distinct claims by multiple plaintiffs cannot be aggregated to meet the $75,000 threshold unless they share a common undivided interest.
what factors may a court consider in declining supplemental jurisdiction?
1. the claim raises a novel or complex issue of State law,
2. the claim substantially predominates over the claim or claims over which the district court has original jurisdiction,
3. the district court has dismissed all claims over which it has original jurisdiction, or
4. in exceptional circumstances, there are other compelling reasons for declining jurisdiction.
What is the one-year limitation rule for removal in diversity cases?
A case based on diversity may not be removed more than one year after commencement of the action, unless the plaintiff acted in bad faith to prevent removal (28 U.S.C. § 1446(c)(1)).
Can a case be removed if it falls within federal question jurisdiction but the federal issue appears only in a counterclaim?
No — removal must be based on the plaintiff’s original complaint, not a counterclaim.