Federal Civil Procedure and Jurisdiction Rules

Federal Subject Matter Jurisdiction

Federal Question: A claim arises under federal law, the Constitution, or a treaty. This must appear on the face of a well-pleaded complaint; a federal defense is insufficient.

Diversity Jurisdiction: There must be complete diversity at the time of commencement (no plaintiff from the same state as any defendant).

• Corporations: Citizens of the state of incorporation and the principal place of business.
• Unincorporated Associations: Citizens of every member's state.
• Executors: Citizenship of the decedent.
• Amount in Controversy: Must exceed $75,000 based on good-faith complaint allegations, unless it is legally certain the plaintiff cannot recover. Injunctive relief is valued by the benefit to the plaintiff or the cost of compliance to the defendant. A plaintiff may aggregate against one defendant or jointly and severally liable defendants.

Large Class Action Diversity

Under the Class Action Fairness Act (CAFA), the amount in controversy must exceed $5,000,000 with 100+ class members and minimal diversity. The court may decline if non-diverse members are between 1/3 and 2/3 of the class; it must decline if they exceed 2/3. This is not applicable if primary defendants are states, officials, or government entities immune from relief, if there are fewer than 100 members, or for securities and corporate fiduciary claims.

Supplemental Jurisdiction and Exceptions

Supplemental jurisdiction requires a common nucleus of operative fact (the same transaction or occurrence). It cannot be used to overcome diversity defects or apply to an original plaintiff's claims against a third-party defendant. A court may decline for novel or complex state law issues, if the claim predominates, if all federal claims are dismissed, or in exceptional circumstances.

Domestic Relations Exception: Courts must decline if the case is primarily about divorce, alimony, or custody (though not if these issues are merely ancillary).

Removal and Abstention

Removal: Only a defendant (not a plaintiff) may remove a case if federal subject matter jurisdiction exists, all defendants agree, and no defendant is a resident of the forum state (on a diversity basis). This must occur within 30 days of service or pleading.

Abstention Doctrines:

• Pullman: Unsettled state law.
• Younger: Interference with state judicial proceedings.
• Colorado River: Parallel state and federal litigation.
• Burford: Interference with a state regulatory scheme.

Personal Jurisdiction

Federal courts exercise personal jurisdiction (PJ) to the same extent as state courts where they are located. Traditional bases include domicile, presence when served, consent, and waiver.

Long-Arm Statutes and Due Process

Jurisdiction requires a state long-arm statute and compliance with due process (minimum contacts without offending fair play and substantial justice).

• General Jurisdiction: Contacts are so substantial the defendant is "at home." For individuals, this is their domicile; for corporations, it is the place of incorporation or headquarters.
• Specific Jurisdiction: There is a connection between the forum and the controversy. The claim must relate to or arise from the defendant's contacts; regular product sales alone do not justify unrelated claims.
• Fair Play and Substantial Justice: It must be fair and reasonable to sue the defendant in the forum.

Service of Process and Notice

The summons and complaint must be served within 90 days of filing, otherwise, the court may dismiss without prejudice or order a specified period for service. The process server must be at least 18 years old and not a party to the case. The method must comport with due process.

• Individuals: May be served via personal service, leaving it with a suitable person at their dwelling, serving an agent, or following the law of the forum or the state where service is located.
• Corporations, Partnerships, and Associations: Served per state law or to an officer, managing agent, general agent, or authorized agent.
• Foreign Defendants: May be served in any manner not prohibited by international agreement.