Diversity SMJ
4 types of Diversity of citizenship
(1) Different states
(2) State v. Foreigner
(3) different states with foreigners as additional parties
(4) Foreign country v US citizen
Osborn v. Bank introduced us to the ingredient test - If the claim has any federal aspect them its a fed question
What case is best for Supplemental?
UMW v. Gibbs
What is snap removal
One D can remove if the others haven't been served yet
Ways to get venue 1391
Any defendant resides if all D are from that state
A substantial part of events happened in that state
If 1 and 2 don't apply, then any district in which they are subject to the courts PJ.
Mas v. Perry
Helped with determining domicile
Domicile - true ,fixed, and permanent home and principal establishment, and to which he has the intention of returning wherever he is absent therefrom
Change of domicile test
(1) take up residency in a different location
(2) intention to remain there (for the foreseeable future)
What is the well-pleaded test? What case?
L&N R. v. Mottley
Federal ingredient has to be apart of the plaintiffs cause of action. Cannot be in the Defense.
Can a court exercise Supplemental?
(1) Is there at least one federal claim in the lawsuit
(2) Do the state and federal claims share a common nucleus of operative facts? (Evidence and witnesses will be the same?)
What is the significance of Bates v. C&S adjusters?
Shows us the meaning or an example of substantial events
1332: AIC
Legal certainty - Defendant can show you with legal certainty that the plaintiff can't recover that amount
(1) given the facts and damages they do not add up
(2) Look for damage caps
AFA Tours is the example
Harms creation test
Who created the law that you sued under? state or federal?
Should they exercise Supplemental?
(1) Novel question?
(2) Has the federal claim been dismissed?
(3) Do state issues in the case substantially predominant?
(4) Other? Jury confusion?
Removal Checklist
- Could the case originally been filed in FC? (SMJ)
- Remove the case to the overlapping court
- Do all D consent?
- Was the case removed within 30 days since the last D was served?
- Make sure to move the whole case.
If removal is vertical, what is change of venue?
Horizontal. From federal court to another federal court
Rules of Aggregation
Can take all of the amounts and add them together if it is one plaintiff vs one defendant.
Can add attorneys fees if: (1) Statute says (2) contract says
Interests and court costs cannot be added
If Federal law created it, does it pass the Shoshone test?
Shoshone test - If there is a local custom rule within that state, then it is reverted back to a state claim .
If not, then it is a federal question
Why would you want to use Supplemental Jurisdiction?
to stack your state claim with your federal claim to hear them at once
If mixed case
Diversity-based removal
1 year time limit for docket reasons
If removal is solely based on diversity, single D rule
Change of venue steps under 1404
Is this case presently in FC? If no, do all parties consent?
If yes, would transfer be convenient to witness and parties?
Would it be in the interest of justice?
Could the case have been Brough originally to new court? (PJ and venue in new court?
Check out Hoffman v. Blaski
Exclusive Jurisdiction
Concurrent Jurisdiction
Exclusive- They don't have a choice between filing in either state or federal court
Concurrent - Plaintiff has a choice in which one to file in
If it is state law, then you would go through the grable test. What is that?
Grable Test
(1) Does the state-law claim necessary raise a stated fed. issue?
(2) Is the federal issue in dispute?
(3) Is the federal issue Substantial? (No minor issues in case, would make grave difference)
(4) Will the flood gates be opened? (Usually a depends)
Forum Non-Convenience
Change of venue can happen at any point in the lawsuit.
Forum Non-convenience: Rather then trying to transfer the case, you try to get it dismissed
Usually only appropriate if there is a substantial alternative