-Party attempting to invoke fed

jurisdiction [P] has burden of proving

Has the Constitution granted authority to hear the case under Art. III 2? jx is proper
-If D files 12b1 based on facts upon
Arising under' - suit directly stems from Const, federal laws, or a treaty. -Admiralty law with SMJ is based, ct does not have
Ambassadors, public ministers, consuls - -B/w different states to presume P's allegations true - can
U.S. govt is a party -B/w citizens of diff. states look at other evidence [Hawkins]
B/w a state & citizens of another state -Constitution - bare diversity [at least
-B/w state [or citizens thereof] & foreign states [& their citizens] one claimant diverse in citizenship
For purposes of supplemental jurisdiction, constitutional basis is that Art. III from another] - Congress can
grants authority over cases not claims; thus endpoint jx for each claim not authorize fed ct to hear cases
necessary. without complete diversity
Has Congress actually conveyed jurisdiction in a statute? [Each claim must meet at least ONE].

Adding a claim without own fed Fed ct has original jx, could've been
Necessary to get into federal court brought to fed ct originally but P chose
jurisdiction
state
Federal Question 1331 Diversity 1332 Supplemental 1367 Removal
1331 - dist cts have original jx 1332 - amount in controversy must exceed -DOES NOT GET CASE IN, ONLY 1441 - governing removal statute, 1446 -
If court erroneously fails to
over all civil actions arising 75k [75k + $.01] & complete diversity CLAIM - every claim needs SMJ - 1367 procedure for removal
remand for lack of SMJ - at
under Constitution or fed law essentially extends supp. jx to Ability of D to move a case P filed in state court
MOTTLEY - long as ct has SMJ at time
1. What is the claim? If multiple [related or unrelated] claims by same constitutional limits to add state claim to to fed dist ct when fed ct also had jurisdiction
tells us look of judgment, its ok that at
Is there a federal issue on the P against single D - P may aggregate claims fed claim in same case. -No such thing as removal from fed to state
at face of time of filing, removal
face of the claim - If multiple Ps in suit against single D - cannot -allows parties to dispute who otherwise -P can never remove even on counterclaim
well-pleaded improper - failure to
Well-pleaded aggregate if claims "separate & distinct" don't have valid jx basis or add claims -If P wants to challenge removal, can move to
complaint, remand doesn't require
complaint/Mottley - w/o independent fed jx. basis remand to state ct
statement of judgment be vacated
-Look ONLY at claim, not P1 >75k, P2 < 75k --> same D - P1 can sue in -Gets additional claims that don't meet 1441- if P could've orignally brought suit in fed
Ps own -Caterpillar - improper
possible defenses or rebuttal - fed ct, P2 can join if claim arises out of same fed q or DJ in fed ct - at least 1 claim in court under SMJ, D has the right to remove the
complaint not removal stands if - 1) ct
is P enforcing aederal right? case or controversy [supp jx] fed ct on own merits [fq or DJ] case to the dist court in state initial claim was
in anticipation had proper power at trial;
-Federal element must be part Counterclaims - if P > 75k, compulsory may be - 1367 [a] - do federal & state claims brought, unless rules below provide otherwise
of fed 2) efficiency; 3) finality; 4)
of Ps complaint, original heard regardless; permissve requires ind jx arise from "same nucleus of operative -Diversity removal -1441b2 - If sole bases for
defense. demand on ct; diversity at
statement of P's COA must basis fact" so that they are the same case or fed jx is diversity, D may not remove on DJ
What do we time judgment entered
show based on Cnst/Fed law - Complete diversity - no P and D may be controversy [Gibbs]? [same depositions, basis if any of the Ds are citizens of the state in
look for when rather than time case
state D directly violated a domiciled in same state at time suit is filed evidence?] which the action was brought. Diversity
looking at removed is appropriate
provision of fed law. -Domicile [individual] - physical presence [you, determined at time suit filed
this? time to examin if complete
-Fed ct cannot have jx just your belongings] + intent to remain there -DIVERSITY EXCEPTION 1367 [b] -If any D is citizen of forum st of fed ct, no
-Creation test diversity existed
because the D might use a indefinately [not on vacay] [Hawkins] -If SMJ in P's initial claims solely based removal.
- look at body -Diversity case can never
fed law or Const to defend!! -Domicile for corp - state of incorporation & on DJ - no supp jx over claims by 1441c - if case in st ct has claim arising under
of law be removed if its been
PPB [nerve center - Hertz - look to place where PLAINTIFFs against persons made federal law joined w state claims that don't
creating more than 1 year since
- Creation Test [Gunn] - is corp. officers direct, control, cordinate corp parties under via R14, 19, 20, or 24 if invoke original or supp jx, entire case can be
COA, if state action commenced
claim/COA created by fed. activities] supp jx would defeat diversity. removed to fed, where fed ct shall sever such
law - no fed -Can only remove to fed ct
law? Is source of P's Individuals - [Kroger - cannot circumvent complete claims & remand them back to state ct
that embraces that of the
enforceable legal right against jx; if fed law - -Alien v. alien - can't be heard diversity by amending complaint to add -1441f - fed ct to which case is removed can
fed jx. state court - cannot
D federal law? [not state K or - Alien admitted to U.S. w permanent resident 2nd, non-diverse D - complete div hear removed case even if state ct from which
-State law remove to other districts
torts claims] status is citizen of state where he is domiciled between all parties, initial or 3rd parties removed had no jx
imbedded -A motion to remove could
[MO resident + perm. resident alien in MO = no later impleaded] 1446b -
within fed bring case to fed ct & D
-Substantial Fed. Issue Test - DJ] -1367[c]- Courts have discretion to deny -D must file notice to remove within 30 days of
immediately could move to
applies not in anticipation of claim - clearly supp jx, may do so if [Gibbs] - receipt of P's claim
created by dismiss for lack of PJ
fed defenses but federal issue -Citizens of a state & citizens of foreign state - Claim raises novel or complex issue of -all Ds properly joined & served must consent
embedded in state clam state laq but -U.S. citizen domiciled abroad - not citizen of state law; state claim substantially to removal
1)claim necessarily raises fed q inside any state, not alien - can't be used for DJ predominates over fed claims, fed -If D served at diff times and later served D files
federal issue 2. federal issue [quite narrow claims dismissed or resolved & only notice of removal, any earlier served-D may Removal clock restarts
actually disputed 3) federal & meant to Partnerships/unincorporated associations - not state remains, exceptional consent to removal even tho he didn't initiate or when party drops
issue is substantial 4) fed jx be!] entities, collection of individuals circumstances w/ other compelling consent previously - 30 days starts over with creating diversity or fed
won't disturb balance of -Look at citizenship of all members. 18 partners reasons to decline - maybe hearing each newly served D! ques is added.
fed/state judicial reponsibilities from 18 states - partnership is a member of claims together will confuse jury -If case initially not removable but becomes 1446C1 - if removing
-Gunn - fed issue but be each. Law firm in NY w/ partners in NY, NJ, CT removable, notice of removal must be filed based on diversity &
substantial to fed system as a --> D [CT] - partnership, citizen of state of all 1367d - tolling of SOL when claim within 30 days after D receives amendment under b3, but more
whole not just merely partners, no DJ dismissed in fed ct showing case has become removable than one year after
substantial to the case [case not removable bc lack of complete commencement of
-When measuring citizenship for DJ - look at diversity but settlement between P & action, can no longer
- Burden on P to show claim is date complaint filed in fed ct, even if P moved For every claim in fed court ask - non-diverse D - can now remove if < 1 yr] remove. Disfavoring
either federally provided to anotheer state solely to est. DJ does this claim invoke fed q or -1446c - Case based on DJ can't be removed diversity.
private act or includes an diversity? over 1 year after commencing action unless P
issue which rests on a -Legal rep of estate of decedent - citizen of If no - does at least one claim invoke acted in bad faith to prevent a D from removal
substantial fed question. same state as decedent [1332c2] fed q or DJ? [strategically delaying settlment to prevent
-D cannot take P's state claim -Legal rep of infants/incompents - citizen of If yes - is state claim related to that removal]
to fed court because same state as infant/incompetant federal claim - common nucleus of -DJ removal ok if court finds by preponderance
counter-claim is federal -Class actions - operative fact? of evidence the amount >75k
-D cannot remove to fed court DJ over any where amount exceeds 5 mil + -No to both - are two claims separate 1447 - motion to remand on basis of anything
most of time - state courts any member of class of Ps citizen of state diff & distinct COA - no fed jx over state other than lack of SMJ must be made within 30
usually have power to hear from any D [some exceptions] claim days after filing notice of removal
fed claims [concurrent jx] Claims of individual class members shall be -if anytime before final judgment appears fed ct
aggregated to determine whether matter in lacks SMJ, case shall be remanded
-NOTE - rule 8a1 - complaint controversy exceeds sum/value of 5 mil -order remanding to state NOT reviewable on
must have short statement of -Injunction - est value of injunction appeal
grounds for SMJ -NOTE Congress could change 1332 to include -if after removal P seeks to join additional Ds
min diversity where diversity among Ps but not whose joinder would destroy SMJ, court may
Ds deny joinder or permit & remand to state ct