Civ Pro

Amount in controversy

Good faith allegation the claim EXCEEDS $75k exclusive of interests and costs

• Domicile established by

o Physical presence in state
o Intent to make it permanent home

• Citizenship for corporations

o State of incorporation AND one state where PPB (decision making center or where most stuff is done)

Supplemental jurisdiction

claims asserted must share a "common nucleus of operative fact" such as from the same transaction or occurrence.

So non-federal, non-diversity claims can be heard in federal court if it meets “the test” (same T/O) UNLESS

1. Asserted by a P
2. In a diversity of citizenship (not FQ case), AND
3. Would violate complete diversity

Removal & Test

Allows D to remove case from state to federal court.

Test: if the case could be heard in fed court (SMJ)

Removal limitations

All Ds must agree to removal

No removal if there is an in-state Def in a diversity case

Erie Doctrine Applicability

in diversity cases, federal court must apply state substantive law, such as:

i. elements of a claim or defense,
ii. statute of limitations,
iii. rules for tolling statutes of limitations, and
iv. conflict (or choice) of law rules

Erie Doctrine Analysis

1. Federal law on point conflicting with the state law, apply the federal law.

2. No federal law on point, state law should be applied where:
a) application (or not) of state law is outcome determinative;
b) application of federal law would lead to forum shopping in fed court;
c) consider balance of the interests of the court systems

Proper Venue

Local actions: actions re ownership, possession or injury (including trespass) to land must be filed in the district where the land lies, otherwise

2. it's a transitory action. venue is where:
a) all Ds reside (domicile or where a business is subject to PJ (conducts business), or
b) a substantial part of the claim arose

Transfer of venue

May transfer to another fed court based on convenience of the parties and "interests of justice." Based on:

1. public factors (what law to apply, what community to burden), and
2. private factors (convenience of the parties, where Ws and evidence are)

Law of original court is applied

Forum non conveniens

Original court may dismiss (or stay) to allow P to sue in a more proper venue. Dismissal where it is impossible to transfer the case (e.g., foreign country).

Almost never granted where P is a resident of the present forum.

Process is:

1. Summons and
2. Copy of complaint

Process can be served by:

any nonparty at least 18 years old

Methods of serving process:

1. Personal service (service to D in state, or out of state w/ long arm statute)
2. Substituted service (served at D's usual abode on someone of suitable age and who resides there)
3. Service on Ds agent (if receiving service is within the scope of agency)
4. State law
5. Waiver by mail (Process mailed, D mails waiver back)

START OFF AT PLEADINGS

SEE FRONT