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Subject Matter Jurisdiction

I. Diversity jurisdiction
a. 28 U.S.C. 1332
i. Amount in controversy
1. Exceed 75,000
2. Compensatory and punitive damages can be counted
a. Prejudgment interests and costs cannot
b. Single plaintiff cannot aggregate claims against multiple
defendants
c. Multiple plaintiffs cannot aggregate claims
i. Unless undivided interest
d. Single plaintiff can aggregate a claim against a defendant or
jointly liable defendants
ii. Suits between citizens of different states
1. Citizenship is based on their domicile
a. Physically present
b. Intent to remain their indefinitely
2. Corporations
a. State of incorporation
b. Principle place of business
i. Nerve center
1. Headquarters
3. Partnerships
a. Where each partner is domiciled
4. Legal representatives
a. Wherever the party they represent
iii. Complete diversity
1. No party can share state citizenship with any party on the other side
2. If it is clear that a party has been named to create diversity
a. The court can ignore it
II. Federal question jurisdiction
a. 1331
i. Arising under federal law
1. A federal element
2. Must be in complaint
a. Well pleaded complaint rule
i. FRCP (8)
1. Show pleader is entitled to relief
2. Show proper venue
ii. Mottley
ii. State based caused based on application/interpretation of federal law
1. Substantial federal interest at stake
III. Supplemental jurisdiction
a. 1367
i. Claims that independently do not qualify for federal jurisdiction can still be
heard in federal court
ii. State claim with same case or controversy as a claim as a federal claim
1. Common nucleus of operative fact
iii. 1367(b)
1. Look up in notes
IV. Removal jurisdiction
a. 1441
i. A case can be moved to federal
1. Could have been brought in federal originally
ii. Restrictions
1. Defendants of the same state
a. Unless founded to be on federal issue
2. All defendants must agree to removal
3. Statute of limitations
4. 30 days
V. Challenging Subject matter jurisdiction
a. 12(b)(1)
i. Lack of subject matter jurisdiction
ii. Can be brought up at any time
1. Even Supreme Court
a. Sua Sponta

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