Wednesday, August 26, 2009

Subject Matter Jurisdiction


1. Diversity Suits

Diversity suits require additional considerations before a federal court will hear a particular case. In diversity suits an amount in controversy in excess of $75,000 must be in dispute. In addition, complete diversity is required, meaning no plaintiff is a citizen of the same state as any defendant. A corporation is deemed a citizen of any state where it is incorporated and of the state where it has its principal place of business. Thus, an adversary to a corporation must not be a citizen of the state in which a corporation is incorporated or maintains its principal place of business.

2. Federal Question Suits

A federal question suit is one arising under the Constitution, laws, or treaties of the United States. In general, the reason there is a federal question is that federal law is the source of the plaintiff’s claim.

3. Supplemental Jurisdiction

Under the doctrine of supplemental jurisdiction, if a basic controversy satisfies federal subject matter jurisdictional requirements, additional claims and additional parties may be brought into the litigation.

4. Removal

Under the doctrine of removal, any action brought in state court which the plaintiff could have brought in federal court may be transferred, or removed by the defendant to federal district court. But, it is important to note in diversity suits that the action may be removed only if no defendant is a citizen of the state in which the action is pending. Global Business Lawyers Nevada Business Lawyers Lovaas & Lehtinen, P.C.

Disclaimer: This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. If you have questions or need specific advice relating to the matters contained herein, please contact Lovaas & Lehtinen, P.C.

No comments:

Post a Comment