Civ_Pro_Vaughns2 - Civil Procedure Professor Vaughns Spring...

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Civil Procedure – Professor Vaughns Spring 2002 I. Subject Matter Jurisdiction – criteria for removal to federal court [this can occur at any time before the case has ended] A. § 1332 (a) The district courts shall original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs and is between – (1) citizens of different states; (2) citizens of a state and citizens of subjects of a foreign state; (3) . . . B. Diversity of Citizenship 1. Complete Diversity Jurisdiction ( Strawbridge v. Curtiss ) – that there be no defendant having the same citizenship as any plaintiff. The constitution actually says nothing about complete diversity. §1332 actually narrows the scope of the constitution. 2. Domicile – must establish a physical presence and the intent to remain. a. pre merits determination b. fact based determination c. burden is on the removing party d. at the time of the lawsuit e. Sua Sponte – “on its on motion” – to take a course of action without the suggestion of another 3. Corporations a. Dual citizenship 1. Incorporation 2. Principal Place of Business i. Place of Operations ii. Nerve Center iii. Total Activity b. Limited Partnerships ( Carden v. Arkoma Associates ) – the citizenships of all limited partners must be taken into account for purposes of determining complete diversity. Hypothetical Plaintiff, a New York resident, brings a wrongful death action in a New York state court against Amway Airlines International, a Delaware corporation, for damages resulting from a plane crash that occurred upon take-off at the JFK Airport. Defendant removes the action to federal court on the basis of diversity jurisdiction and plaintiff seeks to remand the case for want of federal court jurisdiction. The record in this case shows that defendant airlines has its executive offices in New York City, has its greatest number of flights out of O'Hare Airport in Chicago, has training facilities in Kansas City, and has its greatest number of employees living in Kansas City and Chicago. If you were the judge making this pre-merits determination re the propriety of removal, how would you rule on plaintiff's motion to remand?
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5. Class Action a. only the citizenship of the named representatives is considered in determining diversity b. Zahn v. International Paper Co . – each class member must have a sufficient claim unless the claims were legally joint. C. Amount in Controversy ($75,000) – the monetary limitation seeks to ensure that only substantial cases will be brought in federal court. 1. Legal Certainty Test – the requirement is met unless the plaintiff’s complaint shows to a legal certainty that she could not recover more than the minimum amount 2. Good Faith limitation 3. Aggregation a. all claims of a single plaintiff against a single defendant, whether or not related, can be aggregated to meet the minimum b. claims of a single plaintiff against several defendants is only valid if the defendants are jointly liable c. claims of several plaintiffs against a single defendant can be aggregated only if
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Civ_Pro_Vaughns2 - Civil Procedure Professor Vaughns Spring...

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