Civil Procedure - Fall 2016 Msu Law

Front 1

28 U.S.C. 1367

Back 1

When at least one [P] has Orig. Juris., other [P]'s who arise out of common nucleus of fact, but do not meet amount in controversy, may still be included in action.

This does not impact diversity requirement. DOES overturn precedent in Clark and Zahn.
When juris. is based soley on 1332:

[D] cannot be made party under R 14, 19, 20, or 24. Rule 19 and 24 [P] does not qualify for supp. juris under this.

Front 2

28 U.S.C. 1332(c)

Back 2

(1)Corporation deemed citizen of every State by which it's been incorporated and of the State or foreign state where it has its principal place of business.

Front 3

28 U.S.C. 1332(b)

Back 3

When [P] is found in Fed. Court to be entitled to recover less than the sum or value of $75,000 the district court may deny costs to the plaintiff and, in addition, may impose costs on the plaintiff.

Front 4

28 U.S.C. 1332(a)

Back 4

Dis. Ct. have orig. juris. of all civil actions where the matter in controversy exceeds the sum or value of $75,000, ...and is between—

(1) citizens of different States

(2) citizensof a state and an alien

Front 5

Rule 14

Back 5

When can [D] bring in 3rd party?

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Rule 19

Back 6

Required Joinder of parties:

Front 7

Rule 20

Back 7

PermissiveJoinder of Parties

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Rule 24

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Intervening party

Front 9

28 U.S.C. 1367(c)

Back 9

Court may decline supp. juris when: 1)The Claim Raises A Novel Issue ofState Law2)The Claim Dominates over The Claim(s) That theCourt Does Have Orig. Juris. Over

3) Court Dismissed All Claims It Has Orig. Juris.

4) CompellingReasons To Decline Jurisdiction.

Front 10

How does 28 USC 1367 impact diversity jursidiction?

Back 10

IT DOESN'T!!! Diversity still must be met.

Front 11

28 U.S.C. 1331

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Federal Question "Arising Under" Jurisdiction

Allows Fed. Court to have juris. over action arising under the constitution, fed. laws, or treaties of the united states.

Front 12

For diversity under 1332(a) to be met, the domiciles of parties must be COMPLETELY diverse. A domicile is:

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A place where an individual lives and has no intention of leaving.

IE: Michigan is my domicile, but not the domicile of my classmates who are from out of state and intend to leave the state after graduation.

Front 13

For diversity under 1332(a) to be met, the domiciles of parties must be COMPLETELY diverse. This diversity is determined by examining the domicile of parties at what time?

Back 13

The time the complaint is filed.

Front 14

If a corporation is a party, how is domicile determined?

Back 14

1) Where the corp. was formed. (birthplace)

2) where the nerve center of the corp. is

3) includes every domicile of shareholders.

Front 15

What is a "nerve center" as used in determining corporate domicile?

Back 15

Location where key officers make day-to-day decisions of corporation.

Front 16

When does the phrase "Common Nucleus of Fact" become relevant?

Back 16

When examining Supplemental jurisdiction.

-Originally coined in 'Gibbs'.

Front 17

When using 28 USC 1367 to determine supplemental jurisdiction on a case arising solely out of 1332, who is excluded from being provided supp. jurisdiction?

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1) Third parties brought in by [D] (R.14)

2) Required Joinders of parties (R.19)

3) Permissive Joinders of parties (R.20)

4) Parties intervening (R.24)

5) P's proposed to be joined under R.19

6) P's trying to implead under R.24

Front 18

Under 28 USC 1367 (c), when can the fed. court decline to exercise supp. Juris.?

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1) claim is novel or complex state issue

2) State claim dominates claims of fed. orig. juris.

3) Orig. Juris. claim has been dismissed

4) exceptional circumstance