federal subject matter jurisdiction
diversity and alienage jurisdiction
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Federal Jurisdiction in Disputes with Citizens of Different States and Foreign Nationals, Slides of Civil procedure
The jurisdictional provisions of the u.s. Constitution and federal statutes regarding controversies between citizens of different states and foreign nationals. It includes examples of lawsuits and the application of the strawbridge rule for complete diversity under 28 usc § 1332. The document also touches upon the federal court jurisdiction and venue clarification act of 2011.
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2012/2013
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federal subject matter jurisdiction
diversity and alienage jurisdiction
U.S. Const. Article III.
Section. 2.
Clause 1:The judicial Power shall extend
…to Controversies …between a State
and Citizens of another State;--between
Citizens of different States…and
between a State, or the Citizens thereof,
and foreign States, Citizens or Subjects.
Sec. 1332. - Diversity of citizenship;
amount in controversy; costs
(a) The district courts shall have
original jurisdiction of all civil actions
where the matter in controversy
exceeds the sum or value of $75,000,
exclusive of interest and costs, and is
between -
(1) citizens of different States;
(2) citizens of a State and citizens or subjects of a
foreign state, except that the district courts shall not
have original jurisdiction under this subsection of an
action between citizens of a State and citizens or
subjects of a foreign state who are lawfully admitted
for permanent residence in the United States and are
domiciled in the same State;
(3) citizens of different States and in which citizens or
subjects of a foreign state are additional parties; and
(4) a foreign state ... as plaintiff and citizens of a State
or of different States.
is there federal statutory SMJ?
assumptions:
- jurisdictional minimum in 28 USC
1332 is met
- suit is under state (not federal) law
P (NY) sues D1 (NY) and D2 (CA)
under NY state law for damages in
connection with a brawl in NY
New Yorker sues Californian, who
impleads his insurer, a New Yorker
NY
CA NY
Californian sues a German
(1) citizens of different States; (2) citizens of a State and citizens or subjects of a foreign state, except that the district courts shall not have original jurisdiction under this subsection of an action between citizens of a State and citizens or subjects of a foreign state who are lawfully admitted for permanent residence in the United States and are domiciled in the same State; (3) citizens of different States and in which citizens or subjects of a foreign state are additional parties; and (4) a foreign state ... as plaintiff and citizens of a State or of different States.
New Yorker sues Californian and
Frenchman
(1) citizens of different States; (2) citizens of a State and citizens or subjects of a foreign state, except that the district courts shall not have original jurisdiction under this subsection of an action between citizens of a State and citizens or subjects of a foreign state who are lawfully admitted for permanent residence in the United States and are domiciled in the same State; (3) citizens of different States and in which citizens or subjects of a foreign state are additional parties; and (4) a foreign state ... as plaintiff and citizens of a State or of different States.
A New Yorker and a German sue a
Californian and a German
(1) citizens of different States; (2) citizens of a State and citizens or subjects of a foreign state, except that the district courts shall not have original jurisdiction under this subsection of an action between citizens of a State and citizens or subjects of a foreign state who are lawfully admitted for permanent residence in the United States and are domiciled in the same State; (3) citizens of different States and in which citizens or subjects of a foreign state are additional parties; and (4) a foreign state ... as plaintiff and citizens of a State or of different States.
German sues French citizen domiciled
in California and admitted for
permanent residence in US
(1) citizens of different States; (2) citizens of a State and citizens or subjects of a foreign state, except that the district courts shall not have original jurisdiction under this subsection of an action between citizens of a State and citizens or subjects of a foreign state who are lawfully admitted for permanent residence in the United States and are domiciled in the same State; (3) citizens of different States and in which citizens or subjects of a foreign state are additional parties; and (4) a foreign state ... as plaintiff and citizens of a State or of different States.