Term
Diversity of Citizenship
Third Parties |
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Definition
You might NOT need Supplemental JX
Where a D wants to indemnify against another party it becomes a third party plaintiff and the third party becomes a third party D.
Diversity of Citizenship is then found between the third party P and the third party D. The original P citizenship is irrelevant but that P cannot assert a claim against the 3d Party D unless there is an independent basis for SM JX.
Supplemental JX -> no need if the 3d party P and 3d D are diverse. |
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Term
Subject Matter JX
75,000 Rule |
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Definition
Must be Pled in GOOD FAITH! |
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Term
Erie Doctrine
Choice of Law |
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Definition
Under Erie, a federal court, in a diversity case, is required to apply the substantive law of teh state in which it is sitting BUT must apply federal procedural rules. While no clear rule differentiates between substantive and procedural rules. generally, federal statutes/rules dealing with procedural matters will be applied over contrary state law.
Federal procedural rule will not be applied in a state case where its effect would be to toll a state statute of limitations. |
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Term
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Definition
1. Deals with same T/O
2. New party can be added through amendment if that party had NOTICE so not to prejudice its defense and
3. knew/should have known of P's mistake of identity, but for its mistake party would have been a D.
4. must be added within 120 days of original filing |
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Term
Right to Jury Trial
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Legal & Equitable Claims Joined in a Single Action |
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Definition
7A preserves the right to jury trial in federal courts in all suits of common law. Where damages are claimed as part of an action seeking an injunction, a jury trial cannot be denied on the damages issue.
Where legal + equitable claims are joined in 1 action involving common fact issues, the legal claim should be tried first to the jury before the equitable claims are determined by the judge |
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Term
Res Judicata
Stated Another Way |
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Definition
| Res Judicata bars subsequent causes of action which should have been asserted in the earlier lawsuit. If an injury occurred/arose out of the same T/O it should be included in first suit and is later barred by RJ. |
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Term
Motion for Summary Judgment
Elements |
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Definition
1. No genuine issue of material fact
AND
2. Moving party is entitled to judgment as a matter of LAW.
3. The judgment may be partial as well as complete. |
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Term
Removal
&
Special Removal Rule for Diversity Cases ONLY |
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Definition
A defendant may remove an action that could have been originally brought by Plaintiff in Federal Court.
- ie federal question or diversity of citizenship
For diversity cases only, no removal if any D is a citizen of the forum - in state D rule! |
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Term
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Definition
| A P can file a motion to have the case remanded back to state court. The court must remand whenever it is shown that there was no federal subject matter jx. |
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Term
Adding Additional Parties
Supplemental JX |
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Definition
| The federal court may allow the plaintiff to join additional parties not originally named, provided that the additional claims are transactionally related to the original JX, invoking claim and the original JX, invoking claim is not based on diversity. |
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