Saturday, April 1, 2017

For Monday--Section C

Saturday make-up audio.

We continue with Supplemental Jurisdiction. We continue with the connection between the joinder standard and the § 1367(a) standard and how it affects counterclaims under 13(a) and (b); consider the approach in Jones, with the Second Circuit being one of two courts (the other is the Seventh Circuit) that do not treat the standards as co-extension. Parse § 1367(b) and its interpretation in Exxon/Ortega. Again, this is a complicated statute, so spend some time digging into it.

We then turn to Removal; read the assigned statutes and try to work through how removal functions, knowing what the parties do under §§ 1441, 1446, and 1447. What is the forum-defendant rule, why do we have it, and how does it operate? Please review the Notice of Removal in Kinsmann, which nicely illustrates how a defendant moves a case from state to federal court.

Time permitting, we will work through a problem as an SMJ review--look at the complaint in Sullivan and the separate copy of the advertisement.

Do not do the reading on Personal Jurisdiction for Monday; we will get to that on Wednesday.