Thursday audio--Section A I, Section A II; Section B I, Section B II. Essay # 5 due beginning of class Thursday. Essay # 6 will be posted on Friday of next week. I will post the primer on federal question jurisdiction in a few moments. Review that, although we hit the basics in class today.
Prep the rest of Supplemental Jurisdiction.
• What is the connection between § 1367(a)'s standard and the standard for joinder in FRCP 13(a), (b), and (g); 14, and 20? There are 3 logical possibilities--what are they and which does Jones adopt? What does that mean for the counterclaim in Jones? What about the counterclaim in Kinsmann?
• Recall the old (fictional) contract claim between VOA and BSO. Can it be joined under the rules? Is there jurisdiction?
• Does § 1367(b) apply in Godin? What are the "jurisdictional requirements" of § 1332?
• § 1367(b) identifies 3 categories of cases to which supplemental jurisdiction does not apply. What do they have in common? Does § 1367(b) limit supplemental jurisdictional in the following?
• A (FL) sues X (CA) and Y (CA). X files a cross claim against Y. Y impleads its insurer (CA).
• Consider whether, in light of the
language of § 1367(b), there can be supplemental jurisdiction in the
following. (See also the discussion in Glannon on this, especially as to
the amount in controversy).
• A (NY) v. X (NJ) & Y (NY). Can there be diversity over the claim v. X and supplemental over the claim v. Y?
• A (IA) v. X (NE). X (NE) impleads M (IA). Can A bring a claim against M and get supplemental jurisdiction?
• A (NJ) & B (DE) v. Walmart (DE/AR). Can there be diversity over A's claim and supplemental over B's?
Then move to Removal. Read the assigned statutes (§§ 1441, 1446, and 1447) and map out the process for removal. What is the effect of filing a notice of removal? What is not required for a defendant to remove? What happens then?
• A, Inc. (IL/IL) sues X, Inc. (PA/PA) in state court in Pennsylvania. The day after filing, A's attorney calls X's attorney and asks it to waive service; X's lawyer declines. The next day X removes to federal court. Under § 1441(b)(2), is removal proper?
