Civil Procedure: Subject Matter Jurisdiction Outline

Analyzing Cases Dealing With Federal Jurisdiction

1. How are the parties trying to get into Federal Court?
   1. §1331 Federal Question?
      1. i.     Holmes
      2. ii.     Grable
      3. iii.     Well-Pleaded Complaint
         1. Artful Pleading
   2. §1332 Diversity & Amount in Controversy?
      1. i.     Citizenship Issues
         1. Complete diversity under rule?
      2. ii.     Amount in controversy >$75,000?
         1. Aggregated claims?
         2. Joined parties? Under what rule?
   3. §1367 Supplemental Jurisdiction
      1. i.     The Old:
         1. Hurn – Claims that arise from the same Cause of Action
      2. ii.     The New:
         1. Gibbs – Claims deriving from a Common Nucleus of Operative Facts
      3. iii.     The Statute
         1. Check to see how parties were joined under §1367
            1. 1367(a) met?
               1. i.     Excepted by 1367(b)?

1. Is the ∆ trying to remove case to a federal court?
   1. §1441 Removal Jurisdiction met?
      1. i.     What was the basis for original jurisdiction, §1331 or §1332?
         1. If §1332, then go back through the analysis starting at I(b)

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Tags: Civil Procedure, Law School

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