Federal Jurisdiction and Procedure

1332- diversity

Must show

1. complete diversity of citizenship

2. And that amt in controversy exceeds 75k

Domicile of a person (citizenship)

1. Physical presence

2. Intent to remain indefinitely

Presumption that domicile continues unless that presumption is rebutted with sufficient evidence of change- preponderance of evidence standard

Non corporate entity citizenship

Citizenship = dom of member-owners

It doesn't matter if one of them is a limited partner

Corporation citizenship

State of incorporation

PPB- Hertz nerve center test

- High level officer direct control and coordinate corporation's activities

- Or center of overall direction, control, and coordination

- Aka headquarters

If change citizenship after filing of suit.....

Post filing event has no effect on the complete diversity of citizenship that existed on the date the complaint was filed

Treated by the court as valid for the duration of the litigation

How to determine amount in controversy

Fed court can find that it is facially apparent that the complaint alleged an amount that satisfies the required showing by a preponderance that pltf is likely to recover more than 75k

To rebut, defendant must show to a legal certainty that the plaintiff can't recover 75k

supplemental jdx under 1367

original claim is "so related" to United's impleader claim against Pat that "they form part of the same case or controversy under Article III" as required by §1367

Supplemental jdx- Regular 1332 jdx

Complete diversity + amt in controversy

Rule 19(a) Necessary party requirements

1. Court can accord complete relief without the second defendant

2. Without the second defendant, it will not as a practical matter impair or impede second defendant's ability to protect their interest in defending the tort claim in a future state court suit by plaintiff

3. Disposition will not leave pltf or first defendant subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations

Nerve center test

management personnel are engaged in directing, controlling, and coordinating the corporation's activities

Specific jdx

minimum contacts factors (Burger King)

Must not violate traditional notions of fair play and substantial justice

Interactive website!:

Counts as purposeful availment and does not violate the traditional notions of fair play and substantial justice as decided under Zippo

General Jdx test

Minimum contacts must be so consistent and pervasive that it renders the defendant essentially at home in the forum state (Goodyear)

Merely casual and isolated aren't enough

Motion for summary judgment- standard

1. movant must show that there is no genuine issue of material fact and

2. that they are entitled to judgment as a matter of law

- Can't assess the credibility of witnesses or weigh the evidence

- Must construe the facts in the light most favorable to the nonmovant

Affidavits to support a MSJ requirements

Each affidavit used must:

1. Be based on personal knowledge

2. set forther facts that would be admissible in evidence

3. Show that the affiant is competent to testify on the matters stated

Motion for sanctions under Rule 11- procedural steps

1. Prepare the motion and describe the reasons that the complaint has no basis in fact

- Factual contentions have no evidentiary support and are not likely to have support after a reasonable opportunity for further investigation and discovery

- Objective perspective

- Atty did not conduct a reasonable and competent inquiry before signing and filing the complaint

2. Serve the pltf with the motion before filing it

- Pltf has 21 days to withdraw the challenged complaint

- If withdrawn, won't file the motion

3. If complaint is not withdrawn, motion may be filed and will be considered by the court

Request for production- Required or not required to produce....

A. Not required to produce...

1. Documents prepared in anticipation of trial (work product doctrine):

- Party may not discover documents prepared in anticipation of litigation or trial either by or for a party, their representative, or attorney

2. Atty client privilege:

- Must describe the nature of the letter to prove that it contains privileged information

Confidential communication made in furtherance of obtaining legal services

B. Have to turn over...

1. the business records

- Relevant non privileged documents that are proportional to the needs of the case

Which laws to apply

According to Erie and the Rules of Decisions Act, when interpreting state law issues in a diversity case, a federal court must apply the same substantive law that would be used by the state supreme court in which the federal court is located

Under Klaxton, state conflict of laws rules are substantive rules that must be applied under Erie in a diversity case

But use the federal court's procedural laws if in federal court no matter if the case is about state or federal law

6 steps for removal

1. File timely notice of removal

- In the proper fed district court

- Timely = file 30 days from the date of formal service or when the paper that made the case removable was served

- 30 day time period runs for each defendant starting the day they were served

- An earlier served defendant can join in on a notice of removal filed by a later served defendant if that later served defendant's time has not run out and the earlier served one has

2. Include short and plain statement in the notice to show jurisdictional grounds for removal

- Under 1332

- Complete diversity

- Amt in controversy

- 1331- federal question

3. Sign notice pursuant to Rule 11

- Attach a copy of all state court processes, pleadings, and orders to the notice

- All properly joined and served defendants must join in on notice of removal

4. File notice of removal and the attach documents in the proper federal district court

- The federal district court that embraces the state court in which the original proceeding was filed

5. Defendants serve plaintiff with a copy of the notice of removal and the attached documents

- Along with a memo explaining why the suit was removed

6. File a notice of removal, attached docs, and memo in the state court in which the plaintiff first filed his suit

- This effects the removal of the suit to federal court

motion to remand

File a motion to remand within 30 days of plaintiff filing the notice of removal. If a timely motion is not filed, then Plaintiff will be deemed to have waived any potential objections to any defects in removal procedure.

Allege grounds for remand

1. Defendant has forum state citizenship which prevents 1332 removal to federal court

2. The notice of removal was untimely

- If notice of removal was made outside of the 30 day or one year time limit

- Exception: Unless the defendant can show that plaintiff deliberately failed to disclose the actual amount in controversy in bad faith to prevent the defendant from removing the action

3. Incomplete diversity

- Defense: Fraudulent joinder

JNOV- standard

After considering all the evidence in the light most favorable to the non moving party, if the facts and inferences so strong and overwhelmingly favor one party that reasonable persons could not reach a contrary result, the court should grant the motion

But if there is substantial evidence of such quantity and weight that reasonable persons might differ, the motion should be denied.

New trial- standard

Whether the verdict is clearly contrary to the law and evidence

Judge may evaluate the evidence without favoring either party and may draw their own inferences and conclusions and independently evaluate the credibility of the witnesses

Within the court's discretion and is reversible only for abuse of discretion