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Civil Procedure - Coggle Diagram
Civil Procedure
Subject Matter Jurisdiction
Under Article 3 Section 2 of the Constitution
Federal Question §1331
Holmes Creation Test
Must asset a federal question
Well pleaded complaint
Grable Test
Elements
Actually disputed
Gunn
Does it upset the federal-state balance
Necessarily Raised
Substantial
Gunn
Smith -
to win on state law claim had to show issuance of bonds unconstitutional which is federal issue
Embedded federal question
Mottley - cannot assume what defense will say as fed Q
Arising Under Jurisdiction
Substantial
Courts cannot be overwhelmed
Must assert a federal question in the cause of action
Diversity 1332
Amount in Controversy
$75,000 Diefenthal - have to actually allege the AI
St. Paul mercury v. Red Cab Co - the sum claimed by the plaintiff controls if the claim is apparently made in good faith. It must appear to a legal certainty that the claim is really far less than the jurisdictional amount to justify dismissal.
Legal certainty
Diversity of Corporations
28 U.S.C. § 1332(c)(1)
Hertz v. Friend
Two state domiciles
Nerve center test
Elements
EXCEPTION: LLC citizens of where owners are.
Where the brain of the corporation is, main decisions and head officers making decisions.
Principal place of business
Where the corporation was incorporated: Delaware is the state with best tax results so many incorporate there.
Diversity of citizens
Mas v. Perry
28 U.S.C. § 1332, which, pursuant to article III, section II of the Constitution, provides for original jurisdiction in federal district courts
Domicile Intent to remain,
Gordon v. Steele
Holmes v. Sopuch cited in Gordan
You can live in a state and not intend to remain there, Domicile requires intent to remain
This is the big one
Citing Strawbridge
Removal 28 U.S.C 1441
Diversity must exist under 1332
Forum Defendant rule: Cannot be removed to any state in which defendant(s) home state
All defendants have to consent to removal
Plaintiff can attempt to send back to state court § 1447
Lack of SMJ
Defect in procedural operation
Add defendant of same state, non frivolous 1446b 1-3
Avitts v. Amoco
did not meet § 1441(a)
Cannot just artfully plead a federal cause of action
Mottley
No federal cause of action was asserted
1446 defendant 30 days to remove or rights waived
1 year from date of removal to act on that removal