Thursday audio--Section A, Section B. Essay # 6 due in class tomorrow.
We will finish Diversity Jurisdiction, so read and/or review all pieces of that. What are Mrs. Mas' possible domiciles and where did the court land as to her citizenship and why?
• Consider the bases for jurisdiction (or lack of jurisdiction) of the following:
• A (PR) v. X (DC)
• A (Cuba) v. X (FL)
• A (Cuba) v. X (Venezuela)
• A (TX) & B (China) v. X (Taiwan)
• A (TX) & B (FL) v. X (Taiwan) & Y (FL)
• A (Cuba/Lawful permanent resident domiciled in FL) v. X (FL)
• A (NY) v. X (US Citizen domiciled in France)
• How do you determine domicile for corporations? What about for non-corporate business entities? What is the significance of entities having (potentially) multiple domiciles? Is there diversity jurisdiction in Morgan? What about in VOA?
• What happens if adverse parties are entities (incorporated or unincorporated) with multiple citizenships? Consider whether there is jurisdiction (and on what bases) in the following cases:
• A, Inc (DE/DE) v. X, Ltd. (NJ/Canada)
• A LLC (NY/Mexico) v. X, Ltd. (NJ/Canada)
• What is the purpose of the amount-in-controversy requirement? How do you determine if it is satisfied? What if the case seeks equitable relief (such as specific performance or an injunction)?
• Plaintiff files in state court and wants to make clear the case cannot be filed in federal court because of the amount-in-controversy, by dramatically being .01 below the threshold. The complaint states "The amount in controversy is $ 74,999.99 and not one cent more." What did the lawyer do wrong, if the goal was to be .01 below?
• What happens if the court finds non-diverse adverse parties and thus no jurisdiction?
We hopefully will begin Supplemental Jurisdiction, which involves § 1367, an unfortunately confusing statute. For tomorrow, prep § 1367(a), FRCP 18, and FRCP 82. Review your notes on the definition of a "claim" and consider the number, type, and jurisdictional bases for the claims in VOA and Godin.
