28 USC § 1332 Diversity SMJ

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28 USC § 1332 Diversity SMJ by Mind Map: 28 USC § 1332 Diversity SMJ

1. 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 interests and costs, and is between:

1.1. Citizens of different States (Complete Diversity required)

1.2. Citizens of a state and citizens or subjects of a foreign state except

1.2.1. that the district courts shall not have og jurisdiction under this section of an action b/w citizens of a state and citizens or subjects of a foreign state who are lawfully admitted for permanent residence in the US and domiciled in the same state

1.3. Citizens of different states and in which citizens or subjects of a foreign state are additional parties

1.4. A foreign state defined in section 1603 of this title as plaintiff and citizens of a state or of different states

2. Amount in Controversy:

2.1. Must exceed $75,000

2.1.1. If multiple (related or unrelated) claims (different injury, not different theories) by same Plaintiff against single Defendant, may aggregate costs of claims

2.1.2. If multiple plaintiffs against single defendant claims do not aggregate

2.1.3. If multiple Defendants, each must independently satisfy the minmum 75,000

2.2. Must be pleaded in good faith

2.2.1. If awarded less and pleaded in good faith, court will keep jurisdiction. this is discretionary Plaintiff may have to pay costs out of their losses.

2.3. to a legal certainty

2.3.1. Generally, when pleading, court will assume good faith and proceed to have legal certainty case is less than 75,000, 1. on it's face cannot be recovered, 2. proofs court is convinced plaintiff was never entitled to recover.

3. Complete diversity

3.1. Every defendant must be of diverse state citizenship from each plaintiff to have complete diversity

3.1.1. No plaintiff and defendant may be from (domiciled) the same state at time the suit is filed

3.1.2. Unless there is an otherwise non diverse Defendant who has federal question or other form of SJ

3.2. Unions, LLCs, Partnerships

3.2.1. Any state where a member is domiciled is citizenship.

3.3. Questions of Citizenship

3.3.1. Person Citizenship Must have a physical presence in the state and intent to remain indefinitely (essentially domicile) Cannot change until domicile occurs in another state. Must be simultaneously occurring. As such, citizenship is the last place where both simultaneously occurred Determined at commencing of action, not time of trial Domicile= actual residence + inent to stay indefinitely (Not necessarily permanent, but no intent to leave soon) if moving, still domiciled in old state until physically in the new state May have multiple residences, only one citizenship

3.3.2. Corporation Citizenship Where incorporated or where the principal place of business is Principal place of business is the nerve center (hedquarters or where the bulk of daily operations occurs) While having multiple places of citizenship, all locations are counted.

3.3.3. Unincorporated associations and limited liability companies Citizenship of its members

3.3.4. Legal Representatives Domicile of the represented person. If deceased, executor is resident of decedent's state

3.3.5. Class actions Domiciles of named members