Civpro Statutes

Front 1

1331

Back 1

Federal Question Jurisdiction (Jurisdiction over cases arising under federal law) - not as expansive as Article III's same wording

Front 2

1332

Back 2

Diversity Jurisdiction - requires complete diversity, not minimal (which would be constitutional to do, this statute just doesn't go that far).

Front 3

1367

Back 3

Supplemental Jurisdiction

Front 4

1367(a)

Back 4

Supplemental Jurisdiction - In general, if there's one claim over which there is jurisdiction (the "anchor claim") then the court also has jurisdiction over all other claims that are the same case or controversy within the meaning of Article III. Exceptions revoking this grant of jurisdiction are contained in (b).

Front 5

1367(b)

Back 5

Even if a plaintiff's claim is part of the same case or controversy as an anchor claim, there is no jurisdiction over it if the anchor claim is based on diversity jurisdiction, the supplemental claim would destroy that diversity jurisdiction, and the claim is against someone made party under Rule 14, 19, 20, or 24.

Front 6

1367(c)

Back 6

The court has discretion to not adjudicate supplemental claims if:
a) The claim raises a novel/complex State law issue
b) The claim substantially predominates over the claim over which the court does have fed jur
c) District court has dismissed the claim(s) over which it has orig jur
d) In exceptional circumstances.

But note that the court can only choose to not exercise jurisdiction over cases it doesn't have original jurisdiction over (supplemental claims).

Front 7

1441

Back 7

Removing Cases to Federal Court (What kind of cases are removable?)

Front 8

1441(a)

Back 8

If Plaintiff had originally filed the claim in federal court, would that court have had jurisdiction? If so, the case is removable.

This rule only allow the Defendant to remove the case, not a Plaintiff (e.g., after the Defendant has filed a federal question counter-claim).

Front 9

1441(b)

Back 9

If the only cause for removing the case is diversity jurisdiction, but the Defendant is a citizen of the state where the suit was filed, it cannot be removed.

[Congress apparently thought that Defendant doesn't need the protection of federal courts in her home state]

Front 10

1441(c)

Back 10

If there's a removable claim under 1331, and a separate and independent non-removable claim joined together, you can remove both to federal court.

[Careful, this purports to allow removal of some cases that it would be unconstitutional for a federal court to adjudicate. Fascinatingly, though, it also allows the removal of some cases to federal court that couldn't have been filed there but it is constitutional to have them there]

Also, 1441(c) gives specific remand authority for suits removed under it. The federal court can choose to adjudicate the whole suit or remand any "matter" in which state law dominates.

Front 11

1446

Back 11

How to remove a case from state to federal court (the mechanics)

Front 12

1446(a)

Back 12

Says D must file a notice of removal in the relevant FED court, not the state court, and then promptly notify all the adverse parties affected and file a copy with the state court. S 1446(d) says doing this "effects removal" and forbids the state court from doing anything else with the case unless and until it is remanded back to them.

Front 13

1446(b)

Back 13

Gives the time requirement for removal: D has to file for removal within 30 days of being summoned and/or officially becomes a party by receiving a copy of the complaint. After that 30 day deadline, the D loses right to remove the case.

Front 14

1447

Back 14

Remanding removed cases to State court

Front 15

1447(c)

Back 15

All cases in which it is determined that there is no federal jurisdiction (at any time before final judgment) should be remanded to state court

Front 16

1332(a)

Back 16

Fed courts have original jurisdiction over actions where the amount in controversy is > $75,000 and is between:
1) citizens of different states;
2) citizens of a state and citizens or subjects of a foreign 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.

An alien admitted to the US for permanent residence shall be deemed a citizen of the state in which he is domiciled (for the purposes of this section and 1441)

Front 17

1391

Back 17

Venue

Front 18

1404

Back 18

Transfer from proper venue - For the convenience of the parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district where it might have been brought. (At time of filing and not based on where D has now waived venue--Hoffman). Usually if original venue is proper, the case will stay there, but use Gulf Oil test to determine if properer venue is available for transfer.

Court can only dismiss from proper venue now if properer venue is a foreign venue.

Front 19

1406

Back 19

Transfer from improper venue - If venue is improper, court shall dismiss the case, or, if it be in the interest of justice, transfer such case to any district in which it could have been brought