Subject Matter Jurisdiction -Article III of Constitution (Diversity…
-Article III of Constitution
Federal Question Jurisdiction
Louisville & Nashville Railroad v. Mottley (p. 210)
Golden ticket case
3 part test:
Is the issue actually disputed and substantial?
Can the federal forum entertain without disturbing any congressionally approved balance of federal and state judicial responsibilities?
Does it raise a federal issue?
2201-2202- Declaratory Judgement Act
The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.
Examples: First Amendment claim, federal civil rights laws, federal environment laws, federal antitrust laws, Fair Labor Standards Act (FLSA), Truth In Lending Act (TILA), Copyright and Trademark violations
Looks to: Constitution, Statutes conferring jurisdiction, and Case law interpreting both.
Federal Defense is not enough :red_flag:
Redner v. Sanders (p. 221)
Hertz Corp. v. Friend (p. 227)
Hawkins v. Master Farms, Inc. (2003) (p. 7)
(A) District Courts have original jurisdiction if sum over $75,000 (AND)
(1) Citizen of different States (OR)
(2) Citizen of State and Citizen of Foreign State
Except if citizen lawfully admitted in to state of other
(OR) (3) Citizens of foreign state are additional parties doesn't matter (AND)
(4) foreign state; defined by
(C) (1) Corporation deemed a citizen by any state by which:
it has been incorporated (AND)
it has principal place of business
"Nerve Center Test"
Physical Presence within a state
Intent to remain there indefinitely
Intent to remain on an "open-ended basis" :star:
Proof/ Evidence (factors included)
Driver's license, registration of voting, insurance policy address, where you own real estate, religious/ social connections, where you opened bank accounts, file taxes, where you send the resume, friends/family contacts
In re Ameriquest Mortgage Co. Mortgage Lending Practices Litigation (p. 237)
Szendrey-Ramos v. First Bancrop (p. 239)
Mandatory take away in certain situations
Court discretion to decline
Identify hook and all other claims relatable
3 Step Test:
Step 1: Common thread (Transaction Test) between hook and other claims
Step 2: ONLY for diversity jurisdiction (6) Repo man section
Claims made by plaintiff under rules: 14, 19, 20, or 24
Claims by persons proposed to joined as plaintiffs under rule 19.
Seeking to intervene as plaintiffs under rule 24.
Step 3: Judge doesn't want to (state predominate over federal)
2.The claim substantially predominates over the claim or claims over which district court has original jurisdiction. (OR)
The district court has dismissed all claims over which it has original jurisdiction (OR)
In exceptional circumstances, there are other compelling reasons for declining jurisdiction.
The claim raises a novel or complex issue of State law (OR)
Caterpillar, Inc. v. Lewis (p. 246)
1441, 1446, 1447
Within 1 year of State filing date :red_cross: ONLY FOR DIVERSITY JURISDICTION
Copy filed in state court (clerk stamped)
Defendant files notice of removal (in federal district of state courts)
Within 30 days (from moment it becomes removable)
Forum Defendant rule (can't remove if filed in defendant's state court) :red_cross: ONLY FOR DIVERSITY JURISDICTION
SMJ. Federal courts have
"Domicile is established by physical presence in a place in connection with certain state of mind concerning one's intent to remain there" -
SMJ assessed at the moment of filing :check:
ANY NON-CORPORATION takes on the citizenship of each member; (ex. LLP, LLC, Partnership, etc.)