Tues., Sept. 17

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Tues., Sept. 17
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federal subject matter jurisdiction
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federal subject matter jurisdictiondiversity
and alienage jurisdiction
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U.S. Const. Article III. Section. 2. Clause
1The judicial Power shall extend to
Controversies between a State and Citizens of
another State--between Citizens of different
Statesand between a State, or the Citizens
thereof, and foreign States, Citizens or
Subjects. 
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Sec. 1332. - Diversity of citizenship amount in
controversy costs(a) The district courts shall
have 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 -
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(1) citizens of different States(2) citizens of
a State and citizens or subjects of a foreign
state, except that the district courts shall not
have original jurisdiction under this subsection
of an action between citizens of a State and
citizens or subjects of a foreign state who are
lawfully admitted for permanent residence in the
United States and are domiciled in the same
State(3) citizens of different States and in
which citizens or subjects of a foreign state are
additional parties and(4) a foreign state ...
as plaintiff and citizens of a State or of
different States.
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P (a citizen of New York) sues D (a citizen of
California) for divorce in federal
court.Diversity case?
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What is domicile?
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I'm domiciled in New York. I then establish the
intent to move to Arizona permanently, but on the
way I get in accident in Oklahoma, where I remain
for rehabilitation. Where is my domicile?
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Baker v. Keck(E.D. Ill. 1936)
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Restatement of the Conflict of Laws 15To
acquire a domicil of choice, a person must
establish a dwelling-place with the intention of
making it his home.  The fact of physical
presence at a dwelling-place and the intention to
make it a home must concur if they do so, even
for a moment, the change of domicil takes place.
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Story It will be observed that, if there is an
intention to remain, even though it be for an
indefinite time, but still with the intention of
making the location a place of present domicile,
this latter intention will control, even though
the person entertains a floating intention to
return at some indefinite future period.
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corporate citizenship
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28 U.S.C. 1332(c) For the purposes of this
section and section 1441 of this title(1) a
corporation shall be deemed to be a citizen of
every State and foreign state by which it has
been incorporated and of the State or foreign
state where it has its principal place of
business
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- P, a citizen of California, sues the D Corp. in
federal court in the Northern District of
California (N.D. Cal.) under state law for more
than 75k. - The suit concerns a faulty lighter
that P bought from a store in the N.D. Cal. and
blew up in Ps home in the N.D. Cal. - The D
Corp. makes the lighters and is incorporated
in New Jersey. - The D. Corp. has three of its
four manufacturing plants and 2/3 of its
employees in Texas. Its other plant and around
1/4 of its employees are in Louisiana. - Its
financial and administrative headquarters is
in Los Angeles, in the Central District of
California, where the President, Board of
Directors and 1/12 of its employees are located.
- Is this a diversity case?
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Hertz Corp. v. Friend (US 2010)
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The P Corp., incorporated in Delaware with its US
PPB in California but its total world-wide PPB in
Germany, sues D a Frenchman. Alienage case?
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devices to create diversity/alienage
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Kramer v Caribbean Mills(US 1969)
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28 USC 1359A district court shall not have
jurisdiction of a civil action in which any
party, by assignment or otherwise, has been
improperly or collusively made or joined to
invoke the jurisdiction of such court.
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X (Cal.) slips and falls in a store owned by D
(Cal.).Can X generate diversity jurisdiction by
assigning his lawsuit to P (Nev.)?
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Imagine that the contract right had been assigned
to Kramer for 10,000, reserving no interest in
the contract claim
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devices to defeat diversity/alienage
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P (Texas) sells its contract right against D (New
York) to Kramer (New York) for 1, with Kramer
promising to pay back 95 of any recovery as a
bonusKramer sues D in state court in TexasMay D
remove to federal court?
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P (Texas) assigns 1/10 of its contract right
against D (New York) (worth 8,000 if the action
prevails) to Kramer (New York) for 1,000P and
Kramer sue D in state court in TexasMay D remove
to federal court?
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Rose v. Giamatti(S.D. Ohio 1989)
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In fraudulent joinder cases the underlying reason
for removal is that there is no factual basis
upon which it can be claimed that the resident
! defendant is jointly liable or where there is
such liability there is no purpose to prosecute
the action against the resident defendant in good
faith.
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- P (NJ) wishes to sue the D Corp. for fraud- D
Corp. has is incorporated in NY with PPB in NY-
P does not want the action removed by the D Corp.
to federal court- So P joins X (NJ), an
accountant who was in part responsible for the D
Corp.s misrepresentations, as a defendant - Can
the D Corp. successfully remove?
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removal
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1441(a) Except as otherwise expressly provided by
Act of Congress, any civil action brought in a
State court of which the district courts of the
United States have original jurisdiction, may be
removed by the defendant or the defendants, to
the district court of the United States for the
district and division embracing the place where
such action is pending.
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(No Transcript)
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- A (Cal.) sues B (Cal.) under 42 USC 1983 for
illegal search and seizure - Suit is brought in
California state court in San Francisco- May B
successfully remove to N.D. Cal.?
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- A (Cal.) sues Officer B (Cal.) in California
state court in San Francisco in connection with
an arrest. - A has two causes of action against
B violation of federal civil rights and state
law battery. - May B remove to the N.D. Cal.?
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A (Cal.) sues B (NY) and C (Cal) for battery in
state court in NevadaCan B and C remove Can
only B remove?
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A (Cal.) sues B (NY) and C (NJ) for batteryA
suing for B for more than 75K but C for only
20KMay the case be successfully removed by B
and C?
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A (Nev.) sues B (Cal.) and C (Oreg.) in
California state court for batteryA asks for
80k each from B and CMay B and C remove?
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1441(b)(2)A civil action otherwise removable
solely on the basis of the jurisdiction under
section 1332(a) of this title may not be removed
if any of the parties in interest properly joined
and served as defendants is a citizen of the
State in which such action is brought.