Beruflich Dokumente
Kultur Dokumente
Diversity Δ & π =
different states Must apply Π has both a
substantive law of federal & state
SMJ Requirements Erie Doctrine forum state Supplemental claim against Δ
(Diversity) 75,000 + amount in (Fed. Ct.) Jurisdiction
controversy
Procedural rules Federal ct. may
Aggregation of apply federal rules of join both claims
amount allowed civil procedure
District where any (1) Where any Δ Corporate Δ resides
Venue Diversity Δ resides Federal claim resides Corporate where it has sufficient
(judicial district cases Residency contacts
where action may Where claim (2) Where property
be brought) occurred that us subject of Corporate π resides in
action is located state of its
Or substantial part incorporation
of claim occurred If 1 and 2 cant be
satisfied then
wherever Δ can be
found
Removal Permitted Δ may remove a fed. Dismissal of Removal If diversity does not exist
question action from state to nondiverse party Allowable because a party is a co-
Fed. Ct. citizen of an opposing party
their removal is permitted of
Diversity removal not non-diverse parties are
Limitation permitted if one of Δ’s is a thereafter dismissed
citizen of the same state as
the π
(1) Lack of SMJ After all pleadings Motion may be made
Motion to Grounds for (2) Lack of PJ Judgment on completed Summary at anytime usually
Dismiss Dismissal (3) Improper Venue pleadings Judgment after pleadings
(4) Insufficient process FRCP 12(c) Motion denied
(5) Insufficient service of unless there are no Motion granted if no
process facts to support genuine issue of
(6) Failure to state a claim cause of action material fact exists
(7) Failure to join
necessary party
Δ never makes an appearance Can Δ collaterally attack for Can Δ collaterally attack
Collateral PJ & default judgment is entered lack of PJ? Yes, but if Δ loses Summary judgment because of lack of
Attack on PJ issue default judgment Judgment SMJ? Yes, if judgment was by
stands default. No, if it was a contested
action
Motions for
Motions for Summary
judgment on Judgment
the pleadings
Time Trial
Dispositive Motions
and Timing of Motions
Motions to
dismiss Motions
Motion for for JML
Judgment by
Default