barbri_outline_-_ny_(2005)_-_federal_jurisdiction

barbri_outline_-_ny_(2005)_-_federal_jurisdiction - FEDERAL...

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Federal Jurisdiction 1 F EDERAL J URISDICTION I. Personal Jurisdiction A. Purely a question of geography Æ can P sue in NY? B. Fed court must have personal jurisdiction over D, just as a state court must C. Fed court uses state law , including the NY long-arm statute, & the exercise of jurisdiction must satisfy the Constitution as well D. Fed court has no more power to exercise personal jurisdiction than the state court, (except for (i) the bulge rule , & (ii) statutory interpleader – see below) II. Subject Matter Jurisdiction A. Basic Idea Fed courts can entertain only certain types of suits – the 2 main types of fed court cases: a. Diversity (including alienage); OR b. Fed question B. Diversity of Citizenship Amount in controversy must exceed 75K , AND the action must be between (i) citizens of different state , OR (ii) a citizen (“alien”) 1. Diversity a. Complete diversity rule – there is no diversity of citizenship if any P is a citizen of the same state as any D (though, there can be co-Ps or co-Ds from the same state) (i) Test for diversity when the case is filed – subsequent change in a party’s citizenship is irrelevant (ii) E.g.: X (NY) wants to sue Y (NY) in fed court, so he moves to Connecticut & sues under diversity jurisdiction – diversity depends on when X’s intent to domiciled in Connecticut b. Individuals – citizen if the domiciled in a state, which is established by 2 concurrent factors: (i) Presence in state at some point WITH (ii) Intent (subjective) to make it a permanent or fixed home NOTE: An alien admitted to the US for permanent residence is treated as a citizen of the state in which he is domiciled An American domiciled in France is not a citizen of a state (because not domiciled) c. Corporations citizenship equals: (i) all states where incorporated , AND (ii) the one state where the company has its principal place of business (PPB) (corporation, unlike a natural person, can be a citizen of more than one state at a time) (i) PPB is determined in 2 ways – (i) nerve center (headquarters – where decisions are made) & (ii) muscle center (major production or service activity) (ii) Generally, courts consider nerve center as the PPB d. Unincorporated associations – look to the citizenship of all members (for partnerships, that includes general & limited partners ; so, a partnership can be a citizen of all 50 states) e. – look to their citizenship, NOTthe citizenship of their representative 2. Amount in controversy a. Good faith allegation that the claim in the complaint exceeds 75K – unless it is “clear to a legal certainty” that P cannot recover more than 75K (exclude such as punitive damages) NOTE: if P ultimately recovers less than 75K, jurisdiction is OK, but he may be liable for costs b. Aggregation – where P must add 2 or more claims to meet the amount in controversy requirement; as long as there’s
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This note was uploaded on 09/22/2011 for the course LAW LAW taught by Professor Concordia during the Spring '11 term at Concordia AB.

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barbri_outline_-_ny_(2005)_-_federal_jurisdiction - FEDERAL...

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