Agenda for Complex Litigation Class: Jurisdiction, Class Actions, and Removal, Slides of Civil procedure

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Agenda for 33rd Class

• Name plates
• Joinder (continued)
• Introduction to Jurisdiction in complex litigation
• Class Actions

Joinder Questions

• Pp. 818ff. Qs 1-

SMJ in Complex Litigation

• Some relaxation of complete diversity rule
  • In class actions, complete diversity is determined by considering ONLY citizenship of named plaintiff(s) - Suppose named plaintiff is from CA and defendants are from NV and MA, there is diversity jurisdiction, even if plaintiff class includes plaintiffs from NV and/or MA - Manipulable by plaintiff who wants or does not want federal jurisdiction.
  • SMJ in any non-securities class action where any member of plaintiff class is a citizen of a state different from any defendant, IF amount in controversy exceeds $5,000,000 and 100 or more plaintiffs. 28 USC 1332(d). - With discretion to decline jurisdiction for reasons in (d)(3) and (d)(4) - This is new statute. Class Actions Fairness Act
  • SMJ in cases involving death of at least 75 people, if minimal diversity and “substantial part of accident” took place in state other than defendant’s residence, or any two defendants reside in different states, or substantial parts of the accident took place in different states. 28 USC 1369

SMJ in Complex Litigation

• Aggregation of amount in controversy
  • Relevant for diversity jurisdiction only
  • See Yeazell pp. 219ff
  • Single plaintiff may aggregate claims against single defendant
  • 2 or more plaintiffs may aggregate claims against 1 or more defendants only if their claims are part of a common undivided interest
  • In class actions, sufficient that one member’s claim meets the amount in controversy requirement OR if total exceeds $5 million
• Removal
  • All defendants must consent to removal. 1446(b)(2)(A)
    • Some exceptions, e.g. for 1369
• Supplemental Jurisdiction
  • Note. Supplemental Jurisdiction is about Subject Matter Jurisdiction
    • NOT personal jurisdiction, venue, etc.
  • See handout