Diversity of Citizenship/AIC/Federal Question
At the time the complaint is filed, no party on one side may be domiciled in the same state as any party on the other side.
What is complete diversity?
Name who can remove a case to federal court and when the case is removable.
What is: only "true" defendants (not third-party defendants) and within 30 days of receiving service (if the action was removable initially)?
A challenge to improper venue should be asserted...
When is: immediately; in answer to being served the lawsuit the challenge must be raised first or it is forfeited?
State the "easy" rule to come from Erie.
What is: state law governs substantive issues while federal law governs procedure. Bonus (50 pts.): the line between the two is "hazy"?
Decide if a federal court or state court would most likely have subject matter jurisdiction over a copyright infringement matter.
What is federal court?
Domicile
What is where you intend to remain and are a resident?
Name a reason that would provide the U.S. District Court a discretionary reason to decline to exercise supplemental jurisdiction over a state law claim.
What is: the state law claim raises a novel or complex issue of state law? (There may be other correct answers as well, this is just one example)
Plaintiff filed under the wrong venue and does not want the court to dismiss the lawsuit. Defendant lives in Colorado while Plaintiff lives in Kansas and the incident occurred in Oregon. Plaintiff files a motion to transfer the case to Kansas. Decide whether to transfer as if you are the judge presiding over the case.
What is: deny the motion because it is the plaintiff's residence and not a proper venue under section 1391?
Match the source of the federal statute/rule (1-3) with the flow chart you would use (a-c).
1. Federal Statute 2. Federal Rule of Civil Procedure 3. Federal Common Law or Judge-Made
a. REA/Hanna b. Modified Erie/Hanna c. Hanna
You are an associate attorney working in a personal injury law firm in Tennessee. Your firm wants to sue a Defendant for injuries they caused in a car wreck, and the lawsuit will be filed in Tennessee state court. The Defendant lives in Tennessee. You have been assigned to oversee service of process. Decide what the first step you take should be.
What is: read the Tennessee Rules of Civil Procedure to confirm the steps for service of process on individuals located within the jurisdiction?
A court has subject matter jurisdiction when there is complete diversity and the amount in controversy exceeds $75,000.
What is section 1332?
A parent and child (domiciled in State A) were injured in a car wreck by a driver (domiciled in State B). The child sustained $90,000 in damages of a result of the wreck, and the parent sustained $30,000. The parent and child joined together as plaintiffs in a lawsuit against the driver filed in federal court. Rule 20 of the Federal Rules of Civil Procedure allows the parent and the child to join as plaintiffs in the lawsuit. Decide if the federal court has subject matter jurisdiction to hear the parent's claim against the driver.
What is: Yes, because the parent's claim and the child's claim are so closely related that they form part of the same case under the controversy.
For purposes of the venue statute, 28 U.S.C. section 1391, decide where a corporation that is a defendant reside.
What is: in any judicial district in which the corporation is subject to the court's personal jurisdiction with respect to the civil action in question?
Name the "Twin Aims" of Erie.
What is: Outcome-Determinative as to the Choice of Forum - and - Unfair discrimination between citizens and non-citizens?
Doctor is a resident of State A with medical offices in State A and State B, splitting his time evenly between the two. One day, Patient, a resident of State B, visited Doctor at Doctor's office in State A. During the visit, Doctor negligently caused substantial personal injury to Patient. Patient returned to their home in State B and consulted with Attorney about filing a personal injury lawsuit in a State B court. Decide the best support for an argument that State B could constitutionally exercise personal jurisdiction over Doctor.
What is: Doctor maintains a second medical office in State B and sees patients there as often as he sees patients in State A?
Fran grew up in Queens, New York and after losing her home she was hired as a live-in nanny for a wealthy family in New Jersey. She considers it a temporary job but longed to return to New York. Fran was injured in a car accident caused by the negligence of CiCi, a resident of New Jersey. Fran sustained injuries in the amount of $100,000. Decide if a federal court would have subject matter jurisdiction to hear Fran's case against CiCi.
What is: Yes, because Fran is domiciled in New York which satisfies complete diversity and the amount is $100,000 which exceeds $75,000, satisfying the amount in controversy?
"[A]ny civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending." Section ____.
What is section 1441 (for removal)?
Milton, a citizen of Abington, Virginia (Western District of Virginia), was driving in Steubenville, West Virginia (District of West Virginia) when he negligently caused an accident with Leonard, a citizen of Knoxville, Tennessee (Eastern District of Tennessee). Leonard needed a hospital, and the closest one was in Pennsylvania (Western District of Pennsylvania). Leonard incurred more than $150,000 in medical bills. Name the appropriate venue(s) for Leonard's lawsuit against Milton.
What is: Western District of Virginia (under section 1391(b)(1) because defendant resides there) and District of West Virginia (under section 1391(b)(2) because the accident occurred there). Bonus (100 pts.): Western District of Pennsylvania (plaintiff hospitalized and paid medical bills there; unlikely a court would approve this but good to argue all sides)?
"The Supreme Court shall have the power to prescribe general rules of practice and procedure and rules of evidence for cases in the United States district courts (including proceedings before magistrate judges thereof) and courts of appeals." Section ____.
What is: The Rules Enabling Act - 28 U.S.C. Section 2072?
Define a Collusive or Improper Joinder.
What is: When a party manipulates the citizenship of parties to create complete diversity?
Neville (citizen of Arkansas) owns property in Tennessee across from Leonard (citizen of Tennessee) who owns that property. In violation of federal statute, Leonard has dammed the river that runs across both parcels of property. Neville wants to sue in federal court; decide if he can.
What is: Yes, because it raises a question of federal law under section 1331?
Name the Key to Supplemental Jurisdiction.
What is: you must always have some other form of subject matter jurisdiction before you can look to supplemental jurisdiction?
Name the Forum Non Conveniens Factors. (Hint: Public (4) and Private (4))
What is: Public - (1) the local interest in having localized controversies decided at home; (2) the interest in applying the law of the forum; (3) avoiding unnecessary conflicts of law problems; and (4) unfairness of burdening residents of unrelated forum with jury service. Private - (1) relative ease of access to sources of proof; (2) availability of compulsory process; (3) costs of obtaining attendance of witnesses; and (4) other practical problems?
Walk through the Erie Problem Flow Chart. (Hint: Start with "Is the case in federal court?")
What is: Is the case in federal court? If No, Not an Erie problem. If Yes, Is the claim under non-federal (i.e., state) law? If No, Not an Erie problem. If Yes, Is there a federal statute/rule directly on point? If No, Not an Erie problem. If Yes, Does the federal statute/rule conflict with a state law? If No, apply both. If Yes, What is the source of the federal statute/rule? If Federal Statute, apply Hanna. If Federal Rule of Civil Procedure, apply REA/Hanna. If Federal Common Law or Judge-Made, apply modified Erie/Hanna?
Build the Personal Jurisdiction House.
What Is: Jurisdiction is power. Jurisdiction is a court’s power to decide a case and enter a decision binding on the parties. Jurisdiction over the parties is personal jurisdiction while jurisdiction over the dispute is subject matter jurisdiction. Personal jurisdiction requires service of process (to an in-state resident, served in person, or voluntary appearance). Jurisdictional Statutes – a state statute that expresses when, and under what circumstances, a state court may exercise personal jurisdiction; “long-arm” statutes which are when a state may exercise personal jurisdiction on a party not present in the state (Enumerated Acts Statutes and “Constitutional limits” Statutes). Due process requires: “minimum contacts with it such that the maintenance of the suit does not offend ‘traditional notions of fair play and substantial justice.’” Minimum contacts --> Purposeful Availment --> Foreseeability (the defendant’s contact and connection with the forum state are such that he should reasonably anticipate being haled into court there) --> Two of the ways to show foreseeability: stream of commerce and contracts-plus theory. An individual: domicile/A corporation: so continuous and systematic to be essentially at home. Fair Play and Substantial Justice – The “Reasonableness” Factors: Defendant’s burden, Plaintiff’s interest in convenient/effective relief, Forum state’s interest, States’ interest in furthering substantive social policy, and Interstate judicial system’s interest in efficiency. (Bonus: Specific Personal Jurisdiction arises out of (continuous and systematic)/relates to the claim (single or isolated). General Personal Jurisdiction arises out of (continuous and systematic)/unrelated (continuous and systematic).)?