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Under supplemental jurisdiction, a federal court can hear the state claim when? (as related to CAP)
Plaintiff sued in federal court on a claim of CAP (copyright infringement) and plaintiff asserted a state claim for unfair competition - since both claims are related the federal court can hear this (under supplemental jurisdiction)
T or F? As long as one plaintiff's claim in the class satisfies the $75,000 requirement, then the court can hear all other related claims? (think supplemental jurisdiction)
True.
Can a plaintiff amend a complaint to add a defendant under the same jurisdiction? (think supplemental jurisdiction)
No, diversity jurisdiction would be defeated.
T or F? The federal court has supplemental jurisdiction over a counterclaim that arose from the same transaction of a previous claim?
Finish this sentence: Where supplemental jurisdiction has been exercised by a court, then if the federal claim is dismissed or withdrawn, then the federal court may remand or dismiss the state claim without prejudice, but...
... but, if the federal claim is dismissed for lack of subject matter jurisdiction, then the federal court must dismiss the state claims without prejudice.
Define 'REMOVAL' as it refers to state and federal court.
The procedure by which a state court defendant petitions a federal court where the state court is sitting asking the federal court to assume federal jurisdiction over the claims pending in the state court.
A civil action which could have been commenced in a federal court can be removed from the state court into the federal court when? (two conditions)
A) The action involves a CAT claim (e.g. any action against an officer of the US, a foreign country, a federal agency, or a 1983 civil rights claim ORB) There exists complete diversity jurisdiction between the parties and the claim exceeds $75,000 and none of the defendants are citizens of the state where the state action is pending.
When is removal from state court into the federal court based on DJ available?
1. All of the multiple defendants consent to the removal (aka unanimity),
2. None of the named defendants is a local citizen from that state, AND
3. Within 30 days from the defendant's receipt of a document in which the defendant can ascertain the claim is removable to the federal court, the defendant must file with the federal court, a 'notice of removal' indicating the basis for complete diversity and simultaneously serve a copy of that notice on the clerk of the state court and all other parties in the action.
What occurs under the 'last served rule' where there are multiple defendants in a lawsuit who were not served simultaneously?
Removal is timely if all defendants consent within 30 days after the last defendant was served.
When must this removal be done in any event?
Within one year from service of process unless the district court finds the plaintiff acted in bad faith in purposely preventing or denying removal from the state to the federal court.
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