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13 Cards in this Set
- Front
- Back
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Subject Matter Jurisdiction - 1367b
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Only limits supplemental JD in certain situations where the main case is founded on Diversity JD. 1367b provides no pendant party supplemental JD where case is in fed ct on diversity and: 1) P seeks to claim against a D made a party by rules 14, 19, 20 or 24 or; 2) Claims by persons proposed to be joined as Plaintiffs under rule 19, or 3) Claims by persons seeking to intervene as Plaintiffs under rule 24, AND; 4) Such claims would destroy diversity of domicile.
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Subject Matter Jurisdiction - 1367c
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Ct has "discretion to refuse" joinder of supplemental claims. Factors: if fed ? dismissed if state laws claim is complex; if state laws predominate; or other compelling reasons
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Removal 28 USC 1441
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DEFs may take a state court case to FED Ct when the matter "could have been brought in federal ct." Look to P's complaint as it stands at the time of the removal.
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Removal 28 USC 1441 - procedure
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DEF files a notice of removal in state court, and state court lacks power to say no. Fed Ct. may sua sponte remand the matter if removal improper; but generall P must bring a motion for remand to argue impropriet.
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Removal 28 USC 1441 - Requirements
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All D's must agree to removal. - Must be timely (30 days of service of complaint); of if later becomes removable w/in 30 days of that time. Except never later than 1 ear from the time the case is filed.
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Removal 28 USC 1441 (b)
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Applies to diversity only, Local DEF exception - If P files in state court in D's home state, that D cannot remove. If another D from a diff state wants to remove, the local D however can agree and then remove.
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Removal 28 USC 1441 (c)
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Authorizes supplemental JD over independent state claims with court discretion.
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Removal 28 USC 1441 - waiver
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Filing a notice of removal does not act to waive a challenge to personal JD. But a Plaintiff must remand w/in 30 days or it is waived.
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Venue USC 1391
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Establishes which Fed district should be used to file case. Use venue rules to determine proper court w/in a single JD system:
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Venue USC 1391 - A) if land interests at issue
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Called a "local" or "transitory" action, WHERE LAND LIES
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Venue USC 1391 - A) if land interests not at issue
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General Rule = 1) Where any DEF resides if all D's reside in the state; 2) Where a substantial part of the claim arose; 3) If those fail, where PJD ca be had over D's (fallback provision)
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Venue USC 1391 - Notes
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1) P residence is irrelevant; 2) If multiple venues are acceptable, P gets to choose. 3) An alien may be sued in any district, but still need to establish min contacts; 4) Regarding "Pendant Venue" Cts are split, some need to establish proper venue for ever Cause of Act, others sa no.
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Transfer of Venue 1404
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One can challenge venue by a motion under Rule 12b3
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