Diversity
What is the amount in controversy requirement included in 28 U.S.C 1332(a)?
Greater than $75,000
True or False: A plaintiff can remand a case back to state court within 45 days of removal.
False; 30 days
In this case, the Supreme Court held that a court must establish jurisdiction prior to the execution of a judgment to give the defendant a meaningful opportunity to contest the suit before being deprived of property.
Pennoyer v. Neff
True or False: Your domicile is always your current residence.
False
Cheese Sandwich has decided to be who he wants to be and left Atlanta to be a dancer in New York City. While he likes it there, he knows within a month or so, he will run out of money and have to return to his parents in Georgia. Where is Cheese Sandwich domiciled 4 days before he flies out of New York?
Georgia
True or False: A plaintiff can aggregate claims against multiple defendants to meet the amount in controversy requirement.
False
A defendant seeking removal to federal court must file within 30 days of __________
receipt of plaintiff's complaint
This Constitutional clause constrains the FEDERAL government's ability to deprive a defendant of life, liberty or property.
5th Amendment due process clause
Where is a corporation domiciled?
Place of incorporation and principal place of business?
Cheese Sandwich wants to file a claim against a bird who made him mad. The bird has now flown back home to Alabama where it lives. Cheese asks his lawyer mommy to help him and says his claim is for exactly $75,000. Can Cheese Sandwich's mommy get him into federal court? Why or why not?
No, amount in controversy must exceed $75,000. Sorry, buddy.
In this case, the Supreme Court held that the test for domicile is physical presence plus intent to remain indefinitely.
Gordon v. Steele
This rule prohibits removal solely on the basis of diversity jurisdiction if one of the defendants is from the state in which the action originated.
In-state defendant rule
What 3 elements are required for a court to establish specific jurisdiction under International Shoe?
(1) sufficient contacts with the forum state
(2) the plaintiff's claim arises out of those contacts
(3) the exercise of jurisdiction over defendant would be fair and reasonable under the circumstances
Do you have 2 domiciles if you own property in 2 states?
No.
Cheese Sandwich is distraught - Costco hasn't heard from its feed supplier in weeks; the supplier is in breach of its requirements contract with Costco. Fortunately, Cheese Sandwich's lawyer daddy can help Costco file an action against the feed supplier. The feed supplier has most of its manufacturing in Tennessee, its corporate headquarters is in North Carolina, and its place of incorporation is Delaware. In what state(s) is the feed supplier considered a citizen?
North Carolina and Delaware
In Strawbridge v. Curtiss, the Supreme Court held that ________ diversity is required between all plaintiffs and all defendants in federal court.
complete
Under 28 U.S.C. 1446(b)(3), if a case is not initially removable, a notice of removal may be filed within 30 days after receipt by defendant of an amended complaint from which it may first be ascertained that ____________________
the case is one which is or has become removable
In this case, the Supreme Court held that a defendant's contacts with an out-of-state corporation and interstate business relationship could enable a distant forum to establish specific jurisdiction over him.
Burger King v. Rudzewicz
In this case, the Supreme Court held that a corporation's principal place of business is its "nerve center" - the location where officers direct, control, coordinate the corporation's activities
Hertz v. Friend
Cheese Sandwich has decided to be bad, scratching his daddy which is a tortious act in the state of Georgia. Cheese's daddy files an action against him in Fulton County Superior Court. Cheese is friends with the district court judge's cat and so moves to remove the case to federal court. How long does Cheese's daddy have to remand the case back to state court?
30 days from removal
Under this test, plaintiffs are given the benefit of the doubt assuming good faith to meet or exceed the amount in controversy requirement.
St. Paul Mercury
In this case, the Supreme Court held that a defendant is entitled to removal if the plaintiff's complaint could have originally been filed in federal court.
Avitts v. Amoco
This federal rule states that service establishes personal jurisdiction over a defendant who is subject to the jurisdiction of a court of general jurisdiction in the state where the district court is located.
FRCP 4(k)(1)
Under 28 U.S.C. 1332(a), non-corporate entities, such as partnerships, are citizens of _________
every state in which members or partners are domiciled
Cheese Sandwich and Delilah haven't been getting along; thereupon, litigation began. Delilah filed an action for IIED in the federal district court in Fort Lauderdale, but Cheese made a special appearance to contest the court's personal jurisdiction over him. The alleged incident occurred in Florida, where Cheese Sandwich has oceanfront property and visits on a weekly basis. What will the court hold with respect to the elements of specific personal jurisdiction over Cheese Sandwich?
Cheese has sufficient contacts with Florida, Delilah's claim arose out of those contacts, and given that Cheese owns property and visits weekly, it would be fair and reasonable to subject him to the Florida federal district court. The court will establish specific personal jurisdiction over Cheese Sandwich.