DJ
Teeny (CA) sues Carrie (FL) for breach of contract in state court in Florida for $80,000. Does the federal court have jdx?
Yes
Regina sues Susan for IIED in state court. Susan asserts a defense of her teaching style under the First Amendment in her answer and timely removes to federal court. The students timely move to remand back to state court. How should the court rule on the motion to remand?
Grant, no federal question jdx since it is raised in the answer and not the well-pleaded complaint
Toricelli, from New Mexico, sues Olsen, also from New Mexico, in state court for copyright infringement and for breach of contract. Both claims are based on Olsen's publication of Toricelli's book, allegedly in violation of the terms of their contract for publication. 28 USC 1338a provides that the federal courts have exclusive jdx over copyright claim. Olsen removes the action to federal court. What should the federal court do?
Take jdx over the entire case
Brown (CA) sues Yellow (PA) and Green (PA) in state court in CA for defamation for $80K. Yellow timely removes to federal court in CA. 35 days later, Brown moves to remand. How should the court rule?
Deny; although Yellow removed without consent of Green, Brown's motion to remand was untimely on a procedural defect
Penelope sues a police officer for violating her civil rights under federal statute and for battery; the incident occurred in 2015. Penelope sues in federal court on both claims. Does the federal court have to hear the state law claim?
No, but they can
Marla, who grew up in Montana, moved to CO after high school to enter a two-year program for hair stylists at the Denver Beauty School. She wasn't sure if she really wanted to be a stylist, but she was anxious to get away from home, and her parents agreed to foot the bill, so off she went. She figured she'd stay if she liked it, and get a job as a stylist afterwards, in Denver or elsewhere in the West (including Montana). Or she would leave the program if she didn't like it and look for work, hopefully in Denver. She took an apartment on a six-month lease. After moving to Denver...(where is she domiciled?)
Is domiciled in CO because she resides there with the intent to remain indefinitely.
Consolidated Corp. sues Garces, a former employee, for business libel, a tort claim. The suit is brought in federal court, and alleges that Garces falsely reported to a federal agency that Consolidated was using watered-down concrete on a federal construction project. Garces answers, admitting that he had made a report to the agency, but alleging that his report was protected by the First Amendment. He also files a counterclaim against Consolidated, based on the Federal Whistleblower Act, which authorizes damages for anyone who is dismissed or disciplined for reporting fraud on the federal government. After answering the complaint, Garces moves to dismiss for lack of SMJ. Should the motion be dismissed or granted?
Granted, court lacks SMJ
Teeny (CA) sues Carrie (FL) for breach of contract in state court in Florida for $80,000. Can Carrie remove to federal court?
No, in-state defendant rule
Tiffany sues Arista Records for copyright infringement in state court in CA. Arista Records timely removes to federal court. 60 days later, Tiffany moves to remand back to state court. How should the court rule?
Grant, copyright is in exclusive jdx of federal court and SMJ can be brought at any time before final judgment
Edie sues Susan for defamation in federal court after Susan spread rumors around their neighborhood Wisteria Lane that Edie was a "man-stealer". A new federal law passed that allows plaintiffs to sue more easily for defamation passed around neighborhoods. Edie also includes the federal statute in her complaint. Both the federal and state claims arise from the same event. Does the federal court have to hear this case?
No, but they can
Onofrio lives in OR, with no plans to leave. He works in ID. He brings an action in federal court in CA against Corcoran, an ID citizen, and Brainard Co., which is incorporated in CA, with its principal place of business in ID. He seeks $200K in damages against each defendant. Brainard has a large sales office employing 125 people in OR. Rivera, the president of Brainard Co., lives in OR. Does the court have jdx?
Jdx is proper
Eleanor sues Franklin for breach of contract, claiming that he agreed to sell her certain high-risk securities on January 1, 2011, but failed to deliver them on the appointed date. Franklin defends on the ground that after he agreed to the sale, but before the delivery date, a federal statute was passed making such sales illegal. Does this case arise under federal law and/or Article III?
Just AIII
QQ (CA) publishes an article saying ZZ is a loser. ZZ threatens to sue for defamation. Instead, QQ sues ZZ (FL) in federal court alleging a violation of his First Amendment rights. ZZ timely removes to federal court. Was removal proper?
Yes, FQ
Bert sues Ernie, a cop, for violation of his Fourth Amendment rights. He also sues Ernie for battery from the same event. Ernie timely removes to federal court. Bert amends his complaint to drop the Fourth Amendment claim and moves to remand back to state court. How should the court rule?
Grant, because amended complaint supersedes original
Edie sues Susan for defamation in federal court after Susan spread rumors around their neighborhood Wisteria Lane that Edie was a "man-stealer". A new federal law passed that allows plaintiffs to sue more easily for defamation passed around neighborhoods. Edie also includes the federal statute in her complaint. Both the federal and state claims arise from the same event; however, the state defamation claim has more complexities than the federal one and more benefits for Edie as the plaintiff. Does the federal court have to hear this case?
No, and the fact that the state law claims predominate and are too complex might make them decline to hear it
Maurice sues O'Connel in federal court based on diversity jdx, seeking recovery on a libel claim for $25K and an unrelated negligence claim, for $65K. He also joins Parker as a codefendant on the negligence claim, seeking his $65K in negligence damages from Parker. Does Maurice meet the AIC?
Maurice does not meet the AIC against Parker, but does against O'Connell.
Thomas, a veteran, sued Congress for negligence in forcing him to fight a war. Congress has the power to declare war under Article I, section 8 of the Constitution. Public opinion of many wars in the past has been instrumental in whether Congress decides to declare war. Thomas sues in federal court, and the government moves to dismiss for lack of SMJ. How should the court rule?
Discuss.
Can go either way, debate on federal-state balance element
Brown (CA) sues Yellow (PA) and Green (PA) in state court in CA for defamation for $80K. Yellow timely removes to federal court in CA. 35 days later, Brown moves to remand. Was removal proper?
No, because Yellow did not get consent of Green
Can defendants move to remand?
Yes, but uncommon; usually plaintiffs
Mike and Teddy are best friends. One night, Teddy drives drunk and crashes into Mike, who was taking his nightly walk around the neighborhood. Teddy apologizes and pays Mike's hospital bills. Three years later, Teddy drives drunk and hits Mike again when he crashes into a crowded restaurant. A federal law creates harsher penalties for drunk drivers and allows plaintiffs to sue for their damages in federal court. Mike wants to sue Teddy for negligence and under the federal law in federal court for both incidents. Should the court exercise supplemental jdx?
No, not the CNOF
Larry and Moe (both from NY) sue Curly (from IA) for negligence. Larry seeks $60K for his injuries in the accident and Moe seeks $25K for his. Do they meet the AIC?
No
TLC, a music group, had a manager named Pebbles. Pebbles swindled them out of their money so badly they had to declare bankruptcy. They filed in federal court. Pebbles files a motion to dismiss for lack of SMJ. How should the court rule?
Deny, bankruptcy is in exclusive jdx of federal court
Tiffany sues Arista Records for copyright infringement in state court in CA. Arista Records timely removes to federal court. Was removal proper?
Yes, copyright infringement in the exclusive jdx of federal court
Elmo (OR) sues Monster (WA) for battery in state court for $100K. Monster timely removes to federal court. Elmo amends his complaint and reduces his AIC to $75K, then files a motion to remand to state court. How should the court rule?
Grant, because amended complaint supersedes original one
What are the four factors to consider for the federal court exercising supplemental jdx?
Likelihood of jury confusion, state law claims predominate, state law claims too complex/novel, federal claim drops early, etc.