Civil Procedure & Litigation Flashcards

For federal diversity jurisdiction under 28 U.S.C. § 1332, the amount in controversy must:

Answer: Exceed $75,000, exclusive of interest and costs

Section 1332(a) requires the matter in controversy to exceed $75,000, exclusive of interest and costs.

Plaintiff (Ohio) sues Defendant A (Texas) and Defendant B (Ohio) in federal court on state-law claims only. What is the jurisdictional problem?

Answer: Complete diversity is lacking

Strawbridge v. Curtiss requires that no plaintiff share citizenship with any defendant.

Under Hertz Corp. v. Friend, a corporation's principal place of business is:

Answer: Its 'nerve center,' where officers direct and control its activities

Hertz adopted the nerve center test, usually the corporate headquarters.

Generally, a defendant must file a notice of removal within how many days after receiving the initial pleading or service of summons?

Answer: 30 days

28 U.S.C. § 1446(b)(1) sets a 30-day removal deadline.

A Florida citizen is sued in Florida state court by a Georgia citizen for $200,000 on a state-law contract claim. Can the defendant remove to federal court?

Answer: No, because of the forum-defendant rule

Under § 1441(b)(2), a diversity case is not removable if a properly joined and served defendant is a citizen of the forum state.

Supplemental jurisdiction under 28 U.S.C. § 1367(a) extends to claims that:

Answer: Form part of the same case or controversy as the claims with original jurisdiction

Section 1367(a) reaches claims sharing a common nucleus of operative fact with the anchor claim.

Under 28 U.S.C. § 1391(b), venue is proper in a district where:

Answer: Any defendant resides, if all defendants reside in the same state

Venue lies where any defendant resides if all defendants are residents of the forum state, or where a substantial part of the events occurred.