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Published byRobyn Booker Modified over 9 years ago
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Civil Procedure 2005 Class 31: Subject Matter Jurisdiction: Supplemental Jurisdiction II, Removal Nov. 2, 2005
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TENSION BETWEEN Liberal joinder rules Subject matter jurisdiction requirement GAVE RISE TO SUPPLEMENTAL JURISDICTION
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SUPPLEMENTAL JURISDICTION STATUTE 28 U.S.C. § 1367
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Does Supplemental Jurisdiction Statute Trump Traditional Aggregation Rules? Zahn – 414 U.S. 291 (1975) (predates statute) no ancillary jurisdiction over claims without independent jurisdictional basis in class action, where 1 class member had claim meeting jurisdictional amount, but other class members did not) Split in circuits on whether s. 1367 overrules Zahn. S. Ct resolves split in Exxon (2005)
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TRADITIONAL AGGREGATION RULES CONT’D Multiple Ps sue the same D for different claims: e.g. Dorothy – ME (passenger) sues George- TX (driver) in federal court for $45,000 for damages suffered in a car crash. A. Is there subject matter jurisdiction? What if Laura- DC, also a passenger in George’s car, wants to join as a plaintiff to sue George for $35,000 for her injuries arising from the same accident? B. Will the supplemental jurisdiction statute change the result?
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TRADITIONAL AGGREGATION RULES CONT’D Would it make any difference to your answers in the previous hypothetical if Dorothy’s claim was for $90,000?
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Does 1367(b) apply? Multiple Ps sue the same D for different claims P sues multiple Ds for different claims; one claim meets the requirements of diversity but the others do not D counterclaims and P wants to implead a nondiverse third party for indemnification/contribution P wants to cross-claim against a nondiverse P
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28 U.S.C. sect. 1367(d) This is a tolling provision What is its effect? What is the reason for this tolling provision? Is it constitutional?
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28 U.S.C. sect. 1367(d) Is it constitutional? Yes – see Jinks v. Richland County, 349 S.Ct 298 (2003) (necessary and proper and does not violate state sovereignty)
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PRACTICE EXERCISE 34 CB p. 716 Plaintiff: Nancy Carpenter (NH) Ds: Dee (MA), Ultimate (MA) 3d Party Ds: McGills Garage (MA), Dale McGill (NH) Motion to dismiss Carpenter and Ultimate’s claims for lack of subject-matter jurisdiction by Garage and McGill
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REMOVAL JURISDICTION What is removal? What is the policy justification for removal a. For diversity cases? b. For federal question cases?
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LEGAL SOURCES FOR REMOVAL JURIDCITION NOT IN U.S. CONSTITUTION So, removal is purely statutory. There have been federal removal statutes since 1789.
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LIMITS ON REMOVAL Can a plaintiff remove? Can a plaintiff remove if there is a counterclaim? Can a case be removed from federal to state court? Any types of actions non-removable?
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WHEN IS A CASE REMOVABLE? There must be original subject-matter jurisdiction in federal court Basic rules of federal question and diversity/alienage apply Well-pleaded complaint rule applies Artful pleading rule
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WHAT IF FEDERAL COURT HAS EXCLUSIVE JURISDICTION? P brings action in state court Can D remove? See 28 U.S.C. section 1441(e)
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PROCEDURE FOR REMOVAL How does a defendant remove ? (see 28 U.S.C. section 1446) Can a defendant waive her right to remove? How many defendants must agree to remove a case?
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WHERE IS CASE REMOVED TO? What court(s) may hear a claim that is removed? What is the applicable statutory provision determining this?
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CHALLENGING REMOVAL How does a plaintiff challenge removal? Can a plaintiff waive her right to challenge removal? Are there any applicable time limits? If so what?
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Burnett v. Birmingham Board of Education (N.D. Ala. 1994)
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