Civil Procedure (2005-2006)
III. SUBJECT MATTER JURISDICTION
SMJ is not waivable.
- State Courts - General Jurisdiction vs. Limited Jurisdiction
- State - General Jurisdiction (criminal, civil/tort, family/probate)
- Federal - Limited Jurisdiction
- Federal Question
- Subjects
- U.S. Constitution, Article III, Section 2
- Admiralty
- U.S. is a party
- Treaties
- Federal laws (e.g., anti-trust, patent, copyright, bankruptcy)
- U.S. Constitution, Article III, Section 2
- Created by U.S.C. § 1331
- Well-pleaded complaint - Plaintiff may not anticipate federal question in defense or counterclaim. [Mottley – Anticipating federal question defense from defendant railroad corrupted complaint.]
- Subjects
- Diversity
- Complete Diversity
- All plaintiffs diverse from all defendants unless statutory or decisional exception.
- Citizenship
- U.S. citizen – Primary permanent domicile, with intent to return [Mas v. Perry, Tanzymore]
- Permanent Resident alien – State where domiciled [Mas v. Perry]
- Corporation – Where incorporated and principal place of business
- Partnership/LLC – Where partners/members are citizens [Belleville]
- Normal class action – Where class representative plaintiffs are citizens
- Mass class action – Where any member is citizen (minimal diversity)
- Executor – Where deceased was citizen
- Insurer – If insured not defendant, where insured is citizen, and where insurer incorporated and principal place of business
Cannot change citizenship after filing by moving or by changes in membership for partnership [Dataflux]
- Amount in Controversy > $75,000
- "Exclusive of interests and costs" [28 U.S.C. §§ 1332(a), 1332(d)(6)]
- American rule – Each side pays its own costs
- Civil rights exceptions
- Winners awarded costs (but not attorney’s fees)
- "Legal certainty" at time filed/removed [Red Cab - Subsequent events reducing amount below statutory limit do not oust jurisdiction]
- Plaintiff cannot reduce amount to take away right of defendant to remove to federal court
- Good faith representation
- Injunctive Relief
- Value to plaintiff;
- Value to defendant; or
- Either viewpoint [McCarty v. Amoco]
- Aggregation
- One plaintiff can sum all claims against one defendant
- One plaintiff cannot sum claims against separate defendants
- Multiple plaintiffs cannot sum separate and distinct individual claims
- Exception for mass class action (>$5 million) [§ 1332(d)]
- "Exclusive of interests and costs" [28 U.S.C. §§ 1332(a), 1332(d)(6)]
- Complete Diversity
- Supplemental Jurisdiction
- Facts that would be presented would be the same on both the state and federal levels.
- State law to be applied.
- Federal court can decline to have jurisdiction over a novel state claim.
- Removal
- What - Notice of removal automatically removes entire case; in federal question case, court may remand claims in state law [§ 1441(c)]
- Where - Federal District and Division embracing state court [§ 1441(a)]
- Who - All defendants must join unless separate federal question; except for federal question, may remove only if no defendant resides in state [§ 1441(b)]
- When [§ 1446(b)]
- Within 30 days of formal receipt of complaint or of first later paper showing removability; and
- No later than 1 year after action for diversity SMJ begins
- Why - Federal questions, diversity, or other SMJ exists in federal court.
- Improper removal not fatal if jurisdictional requirements satisfied at time of judgment [Caterpillar]
- Artful pleading - Plaintiff may not avoid SMJ by omitting federal questions from plea.
- Remand
- Where - Back to state court case came from [§ 1447(d)]
- Who - Any party or sua sponte
- When [§ 1447(c)]
- Lack of SMJ
- Upon joinder of nondiverse defendants
- Within 30 days of removal for any other reason
- Why
- Joinder of nondiverse defendants granted [§ 1447(e)];
- State law predominates (discretionary);
- Error in removal; or
- No SMJ in federal court
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