Declining Supplemental Jurisd. Standard of Appellate Review “Standard of review” What mean?

TAKEAWAYS Supplemental jurisdiction Black Letter Law Jurisdictional power over add’l claims Article III Constitutional foundation “same case or controversy” “Common nucleus of operative facts” Ordinarily expected to try in one proceeding

TAKEAWAYS Supplemental jurisdiction Black Letter Law 28 U.S.C. § 1337(a) & (b) Original jurisdiction Same case or controversy under Art. III Diversity cases No supplemental jurisdiction Many joinder situations If undermines complete diversity

TAKEAWAYS Supplemental jurisdiction Black Letter Law 28 U.S.C. § 1337(c) Reasons to decline jurisdiction Novel or complex issue of State law State claim substantially predominates D.Ct. dismissed claims w/ original jurisdiction Exceptional circumstances

CONCEPTUAL FRAMEWORK Choosing a Trial Court Choosing a Trial Court (Federal or State Court) Subject Matter Jurisdiction Personal (Territorial) Jurisdiction Venue Venue Transfer Forum non conveniens

CONCEPTUAL FRAMEWORK Federal Court SMJ Subject Matter Jurisdiction Federal question 28 U.S.C. §1331 Diversity of citizenship 28 U.S.C. §1332 Supplem. 28 U.S.C. §1367 (1990) Removal 28 U.S.C. §1441

BLACK LETTER LAW 28 U.S.C. §1441 Problem Set Comments Remove if court would have original jurisd. § 1441(b) Exception for diversity cases A defendant is citizen of forum state Removal doesn’t mean pl’s forum choice wrong Concurrent jurisdiction Q7. Should refer to § 1441(f) not (e) Questions

INTRODUCTORY HYPOTHETICALS Variation #1: Lewis sues 2 def’s in state court Caterpillar & Whayne 1 diverse, 1 not diverse? May defendant(s) remove? No “complete diversity” req’t not met

INTRODUCTORY HYPOTHETICALS Variation #2 Within 1 year of filing non-diverse defendant settles claim against that defendant is dismissed. May remaining diverse defendant remove? Yes § 1446(b) “ case... has become removable”

INTRODUCTORY HYPOTHETICALS Variation one year from filing plaintiff & non-diverse defendant announced & signed settlement agreement. But claim against settling defendant not yet dismissed May the remaining diverse defendant remove? No - § 1446(b) – not > 1 yr after filing

SKILLS: READING CASES The Court’s Reasoning Was there complete diversity between the parties when the case was filed? as of 6/22/90 (one year from filing)? After Whayne was dismissed? Removal proper at each point? Result?

SKILLS: READING CASES Distinguishing Cases Distinguish Mottley (p. 217) Distinguish Capron (p. 226) Distinguish Saadah (p. 236)

TAKEAWAYS Removal Conceptual Frameworks Removal Statute Reading Skills MAP on §1441 Case Reading Skills

TAKEAWAYS Removal Black Letter Law Remove if Fed ct original jurisdiction + in diversity cases no defendant is citizen of state where lawsuit was brought 30 days to remove From date of filing Or from time federal jurisdiction apparent 1 year time limit Effect of Caterpillar?

TAKEAWAYS Subject Matter Jurisdiction Black Letter Law Removal Jurisdiction: 28 U.S.C. §1441 Available if d. ct. would have original smj Federal question cases Citizenship of parties irrelevant Diversity cases Only if none of defendants is Citizen of state in which action is brought