SMJ

diversity and federal question SMJ

diversity J test

heversus test

head number for FQ SMJ

head 1

section number for D SMJ

1332

section number for FQ SML

1331

does federal q need AIC

no

2 step process for FQ SMJ

1. one of the nine heads

2. congress drafts statute

holmes creation test

“ a suit arises under the law that creates the cause of action” Is the law P is using to litiagate state or federal? Federal works. State doesnt.

Grable test for mixed FQ SMJ

(1) necessarily raised, (2) actually disputed, (3) substantial, and (4) capable of resolution in federal court without disrupting the federal-state balance approved by Congress.

well pleaded complaint rule FQ SMJ

federal issue must be apart of the claim not a defense and relief must be based on federal law.

AIC requirement

Sum or value of 75k or more

St paul mercury test for AIC

P sum will be accepted if:

• made in good faith

• and is not to a legal certainty an overstated amount (would jury award that amount?)

aggregation rule

A P may add up the amounts for all her claims against the D (to reach AIC), whether they are related or not. However, P cannot aggregate claims against different Ds.

corporations citizens of

1. Therefore, under 28 U.S.C. §1332(c)(1), a corporation is considered a residents of:

   1. The state in which it is incorporated, AND

   2. The state in which it has its principal place of business

nerve center test

where are the managing officals directing the buisness from

LLCs are citizens

where all members are citizens of

unincorporated buisness (partnerships) are citizens of

where each and every buisness member has their citizenship

alienage diversity jurisdiction is head

9

US citizen diviersity j is head

7

head#9

A US CITIZEN MUST BE SUING OR BEING SUED BY AN ALIEN

Mas test for citizenship

at time of filing: domicile of state

domicile can change if you take up home in new state with an intent to permanetly remain there.

domicile is composed of

either where you are born or your true fixed home

corporations are taxed

twice

2 categories for head 1

-fed law creates right to sue (holmes)

-state law creates right to sue (outerreaches)(grable test)