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Civ Pro Midterm 2 Outline
Civ Pro Midterm 2 Outline
Smith and Grable go beyond Holmes; but they are still faithful to the well-pleaded complaint rule in
that the court looks at what the plaintiff must establish as part of the case.
2. 28 U.S.C. § 1332
a. The district courts shall have original jurisdiction of all civil actions
where the matter in controversy exceeds $75k and is between:
i. Citizens of different states
ii. Citizens of a State and citizens or subjects of a Foreign state
[except subjects of a foreign state who are lawfully admitted for
permanent residence and are domiciled in the same state]
iii. Citizens of different States in which citizens of a foreign state are
additional parties
iv. A foreign state as plaintiff and citizens of a State or of different
states
b. *Note - US citizens domiciled abroad fall into a hole - they cannot be
sued under diversity jurisdiction.
3. The purpose of the diversity statute is to guard against local prejudice that
might be manifested in state courts against out of state parties.
9. Amount in Controversy
a. Must EXCEED $75k
b. “It must appear to a legal certainty that the claim is really for less than
the jurisdictional amount to justify dismissal.”
c. Aggregation of Claims to Meet the AIC Requirement
i. A single plaintiff with 2+ unrelated claims against a single
defendant may aggregate.
ii. A single plaintiff cannot aggregate amounts sought from
different defendants. He must meet the amount requirement
against each individually.
iii.If >2 plaintiffs, at least 1 has to meet the AIC.
iv. If 1 plaintiff has claim >75k but 2nd plaintiff does not and the
defendant is the same, they can both sue in federal court so long
as the 2nd plaintiff’s claim arises out of the “same case or
controversy”
v. If 2 plaintiffs each have claims against a single defendant, cannot
be aggregated if claims are “separate and distinct”
vi. If state law allows punitive damages, then it’s okay to tack on.
d. Aggregation Notes
i. Personal injury claims are distinct and separate, not joint, even
when they arise from the same transaction or occurrence.
A. RULES OF DECISION ACT (28 U.S.C. §§ 1652): The laws of the Several states…shall be
regarded as rules of decision in all civil actions in the courts of the united states, in
cases where they apply.
B. Pre-Erie: Swift v. Tyson - interpreting “state law” in the Rules of Decision act - held
that NY precedent cases were not “laws” and federal courts sitting in diversity were
free to ignore them.
E. Byrd v. Blue Ridge Rural Elec. Coop. (U.S. 1958) Justice Brennan
1. Direct conflict between federal PRACTICE [of jury system] and state law
[what qualifies as a statutory employee decided by judge]
2. The court opens the door to the possibility that “other considerations” might
override outcome determination and permit a federal court to refuse to
follow state law.
3. Analysis:
a. Is the outcome going to be substantially different?
i. Judge vs jury is not clearly outcome determined.
ii. Don’t apply mechanically; consider Twin Aims of Erie.
b. Is the state law [having a judge decide a question of fact] bound up with state
created rights and obligations or mere manner and mode of
enforcement?
i. The state did not have a good reason why the jury was
displaced.
c. Is there a countervailing federal interest (that trumps mechanically
applying the outcome-determinative test in York)?
i. Here, jury as fact finder is grounded in the 7th Amendment.
ii. The federal interest outweighed the state’s and the federal court
was justified in ignoring state law.
I. Shady Grove Orthopedic Assoc., P.A. v. Allstate Ins. Co. (U.S. 2010) (excerpt on TWEN)
4. Pleadings
A. Review Rules 8, 10, 12(b)(6)
B. Haddle v. Garrison (U.S. 1998)
C. Bell v. Novick Transfer Co. (1955)
1. Court held that plaintiff’s complaint did not need to allege more than the car
he was riding in was struck by a car owned by defendants and that it was
operated in a careless, reckless, and negligent manner so that plaintiff was
injured.
D. Conley v. Gibson (U.S. 1957)
1. All that is required is a “short and plain statement” that will give the
defendant fair notice of what the plaintiff’s claim is and the grounds upon
which it rests AKA “Notice Pleading”
2. The accepted rule that a complaint should not be dismissed for failure to
state a claim unless it appears beyond doubt that the plaintiff can prove no
set of facts in support of his claim which would entitle him to relief.
E. Bell Atlantic Corp v. Twombly (U.S. 2007)
F. Ashcroft v. Iqbal (U.S. 2009)
G. Special Pleadings
1. Rule 9
2. Stradford v. Zurich Ins. Co. (SDNY 2002)
3. Jones v. Bock (U.S. 2007)
H. Ethical Responsibilities
1. Rule 11
2. Bridges v. Diesel Service (E.D. PA. 1994)
3. Walker v. Norwest Corp. (8th Cir. 1996)
4. Christian v. Mattel (9th Cir. 2003)