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Articles 1 - 30 of 45
Full-Text Articles in Jurisdiction
How To Apply Hertz Corp. V. Friend In The Age Of Remote Work, John Andrikos
How To Apply Hertz Corp. V. Friend In The Age Of Remote Work, John Andrikos
Catholic University Journal of Law and Technology
The widespread adoption of remote work in the United States has strained the workability of the nerve center test of Hertz Corp. v. Friend. This comment analyzes how federal courts have applied the nerve center test to fact patterns involving partially or fully remote corporations. Further, it proposes a novel solution to this jurisdictional problem: the Key Person Test.
The Million-Dollar Diversity Docket, Steven Gensler, Roger Michalski
The Million-Dollar Diversity Docket, Steven Gensler, Roger Michalski
Faculty Articles
What would happen if Congress raised the jurisdictional amount in the diversity jurisdiction statute? Given that it has been almost 25 years since the last increase, we are probably overdue for another one. But to what amount? And with what effect? What would happen if Congress raised the jurisdictional amount from the current $75,000 to $250,000 or, say, $1 million? Using a novel hand-coded data set of pleadings in 2900 cases, we show that the jurisdictional amount is not a neutral throttle. Instead, different areas of law, different parts of the country, and different litigants are more affected by changes …
The Elastics Of Snap Removal: An Empirical Case Study Of Textualism, Thomas O. Main, Jeffrey W. Stempel, David Mcclure
The Elastics Of Snap Removal: An Empirical Case Study Of Textualism, Thomas O. Main, Jeffrey W. Stempel, David Mcclure
Scholarly Works
This article reports the findings of an empirical study of textualism as applied by federal judges interpreting the statute that permits removal of diversity cases from state to federal court. The “snap removal” provision in the statute is particularly interesting because its application forces judges into one of two interpretive camps—which are fairly extreme versions of textualism and purposivism, respectively. We studied characteristics of cases and judges to find predictors of textualist outcomes. In this article we offer a narrative discussion of key variables and we detail the results of our logistic regression analysis. The most salient predictive variable was …
Jural Entities, Real Parties In Controversy, And Representative Litigants: A Unified Approach To The Diversity Jurisdiction Requirements For Business Organizations, Charles A. Szypszak
Jural Entities, Real Parties In Controversy, And Representative Litigants: A Unified Approach To The Diversity Jurisdiction Requirements For Business Organizations, Charles A. Szypszak
Maine Law Review
The rules that make the federal courts available for the resolution of controversies between citizens of different states have often been described as placing an undue burden on the federal system. Congress has for the most part turned a deaf ear to calls by jurists and commentators for reform or even abolition of federal diversity jurisdiction, leaving the courts to struggle with difficult issues about the proper contours of the jurisdictional requirements. One recurring difficult issue is the manner in which citizenship is to be attributed to the investors who compose various business organizations. The general rule has been that …
Jural Entities, Real Parties In Controversy, And Representative Litigants: A Unified Approach To The Diversity Jurisdiction Requirements For Business Organizations, Charles A. Szypszak
Jural Entities, Real Parties In Controversy, And Representative Litigants: A Unified Approach To The Diversity Jurisdiction Requirements For Business Organizations, Charles A. Szypszak
Maine Law Review
The rules that make the federal courts available for the resolution of controversies between citizens of different states have often been described as placing an undue burden on the federal system. Congress has for the most part turned a deaf ear to calls by jurists and commentators for reform or even abolition of federal diversity jurisdiction, leaving the courts to struggle with difficult issues about the proper contours of the jurisdictional requirements. One recurring difficult issue is the manner in which citizenship is to be attributed to the investors who compose various business organizations. The general rule has been that …
Hogan Vs. Gawker Ii: A Statutory Solution To Fraudulent Joinder, Michelle S. Simon
Hogan Vs. Gawker Ii: A Statutory Solution To Fraudulent Joinder, Michelle S. Simon
Elisabeth Haub School of Law Faculty Publications
This Article will first review the intersection of federal jurisdiction and litigation strategy by examining the requirements for diversity jurisdiction in federal court as well as the circumstances that must be present to allow a defendant to remove a case from state court to federal court. The Article will then review the history of the court-created doctrine of fraudulent joinder, and will examine the various tests currently in use by the lower federal courts. The Article will then address whether it makes more sense to create a statutory solution, and will examine and analyze the Fraudulent Joinder Prevention Act of …
Domicile Dismantled, Kerry Abrams, Kathryn Barber
Domicile Dismantled, Kerry Abrams, Kathryn Barber
Indiana Law Journal
Part I of this Article discusses the legal and factual background of Mas v. Perry. This narrative reveals how the case reflects both the changes in American society that were beginning to occur at that time and the struggle of the concept of domicile to keep pace with those changes. Part II traces the development of the fundamental shift in gender roles that began several years before Mas was decided. This section argues that the growing number of women attending college, embarking upon careers, and forming two-career marriages increased the difficulty of measuring domicile, while undermining the efficacy of a …
Attorneys' Perspectives On Choice Of Forum In Diversity Cases, Victor E. Flango Ph.D.
Attorneys' Perspectives On Choice Of Forum In Diversity Cases, Victor E. Flango Ph.D.
Akron Law Review
This report will first outline the arguments relating to proposals to change diversity of citizenship jurisdiction from the perspective of how additional empirical evidence can advance the arguments, and then provide data on lawyers' perceptions of factors that are important in the decision to file in either state or federal court.
Foreign Sovereign Immunity - Rex V. Cia. Pervana De Vapores, S.A., Richard O. Ward
Foreign Sovereign Immunity - Rex V. Cia. Pervana De Vapores, S.A., Richard O. Ward
Georgia Journal of International & Comparative Law
No abstract provided.
Redeeming Erie: A Response To Suzanna Sherry , Donald Earl Childress Iii
Redeeming Erie: A Response To Suzanna Sherry , Donald Earl Childress Iii
Pepperdine Law Review
No abstract provided.
Welcome To The Jungle: Rethinking The Amount In Controversy In A Petition To Vacate An Arbitration Award Under The Federal Arbitration Act, Christopher L. Frost
Welcome To The Jungle: Rethinking The Amount In Controversy In A Petition To Vacate An Arbitration Award Under The Federal Arbitration Act, Christopher L. Frost
Pepperdine Law Review
No abstract provided.
Creating Diversity Jurisdiction In Removal Actions Through The Improper Use Of Federal Rule Of Civil Procedure 21: Procedural Blackjack Or Judicial Bust, Anthony Andricks
Creating Diversity Jurisdiction In Removal Actions Through The Improper Use Of Federal Rule Of Civil Procedure 21: Procedural Blackjack Or Judicial Bust, Anthony Andricks
Cleveland State Law Review
Recently, federal district courts have held that Federal Civil Rule of Procedure 21 bestows upon them the power to sever nondiverse parties or claims to create diversity jurisdiction without first finding that a party or claim is improperly joined. Severance may mean that a plaintiff who brings a state court action against multiple parties, one or more of which is not diverse, runs the risk of a federal court severing the action in a removal analysis, even where the plaintiff has committed no improper joinder of parties. Severance may leave a plaintiff with the need to conduct simultaneous suits--one in …
Clarification Needed: Fixing The Jurisdiction And Venue Clarification Act, William Baude
Clarification Needed: Fixing The Jurisdiction And Venue Clarification Act, William Baude
Michigan Law Review First Impressions
One hates to seem ungrateful. Judges and scholars frequently call for Congress to fix problems in the law of jurisdiction and procedure, and Congress doesn't usually intervene. In that light, the Jurisdiction and Venue Clarification Act ("JVCA"),[1] signed into law on December 7, 2011, ought to be a welcome improvement. And hopefully, on balance, it will be. But in at least one area that it attempts to clarify, the JVCA leaves much to be desired. Professor Arthur Hellman has called the JVCA "the most far-reaching package of revisions to the Judicial Code since the Judicial Improvements Act of 1990."[2] The …
The Cauldron Boils: Supplemental Jurisdiction, Amount In Controversy, And Diversity Of Citizenship Class Actions, Richard D. Freer
The Cauldron Boils: Supplemental Jurisdiction, Amount In Controversy, And Diversity Of Citizenship Class Actions, Richard D. Freer
Faculty Articles
Ultimately, it does not matter how or even whether the Supreme Court resolves the issue. The fact that we still do not know whether Zahn lives after thirteen years-demonstrates that legislation concerning the jurisdiction of the federal courts should not be the hurried product of a few drafters whose work is not circulated for broader discussion. Ours is a world in which any change to a Federal Rule of Civil Procedure-no matter how minor-must be circulated and subjected to public comment and review. Yet the jurisdiction of the federal courts can be changed in relative secrecy and haste. Congress committed …
Toward A Principled Statutory Approach To Supplemental Jurisdiction In Diversity Of Citizenship Cases, Richard D. Freer
Toward A Principled Statutory Approach To Supplemental Jurisdiction In Diversity Of Citizenship Cases, Richard D. Freer
Indiana Law Journal
Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.
1367 And All That: Recodifying Federal Supplemental Jurisdiction, Thomas D. Rowe Jr.
1367 And All That: Recodifying Federal Supplemental Jurisdiction, Thomas D. Rowe Jr.
Indiana Law Journal
Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.
Supplemental Jurisdiction-Take It To The Limit!, Howard P. Fink
Supplemental Jurisdiction-Take It To The Limit!, Howard P. Fink
Indiana Law Journal
Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.
Making Sense Of Nonsense: Reforming Supplemental Jurisdiction, Graham C. Lilly
Making Sense Of Nonsense: Reforming Supplemental Jurisdiction, Graham C. Lilly
Indiana Law Journal
Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.
The Forgotten Proviso Of § 1367(B) (And Why We Forgot), Peter Raven-Hansen
The Forgotten Proviso Of § 1367(B) (And Why We Forgot), Peter Raven-Hansen
Indiana Law Journal
Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.
Supplemental Jurisdiction: A Confession, An Avoidance, And A Proposal, David L. Shapiro
Supplemental Jurisdiction: A Confession, An Avoidance, And A Proposal, David L. Shapiro
Indiana Law Journal
Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.
Comment On The Supplemental- Jurisdiction Statute: 28 U.S.C. § 1367, Arthur D. Wolf
Comment On The Supplemental- Jurisdiction Statute: 28 U.S.C. § 1367, Arthur D. Wolf
Indiana Law Journal
Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.
Supplemental Jurisdiction Over Claims By Plaintiffs In Diversity Cases: Making Sense Of 28 U.S.C. § 1367 (B), Darren J. Gold
Supplemental Jurisdiction Over Claims By Plaintiffs In Diversity Cases: Making Sense Of 28 U.S.C. § 1367 (B), Darren J. Gold
Michigan Law Review
This Note examines the language and legislative history of section 1367(b) and proposes a uniform test for determining the circumstances in which subsection (b) authorizes the exercise of supplemental jurisdiction. Part I of this Note explains the doctrines of pendent and ancillary jurisdiction and examines how the Supreme Court's decision in Finley v. United States called these doctrines into question. Part II examines the language and legislative history of section 1367 and concludes that the statute only prohibits the exercise of supplemental jurisdiction over claims by plaintiffs in diversity cases when doing so would permit plaintiffs to circumvent the complete …
Transfer And Choice Of Federal Law: The Appellate Model, Robert A. Ragazzo
Transfer And Choice Of Federal Law: The Appellate Model, Robert A. Ragazzo
Michigan Law Review
In light of recent developments, a reexamination of the position that transferee federal law applies regardless of the context is in order. This article argues that the consensus that existed prior to the Marcus article and the Korean Air Lines case, although not based upon the most thorough analysis, comprises the better view: transferee federal law should apply after permanent but not MDL transfers.
Litigation And Inequality: Federal Diversity Jurisdiction In Industrial America, David A. Luigs
Litigation And Inequality: Federal Diversity Jurisdiction In Industrial America, David A. Luigs
Michigan Law Review
A Review of Litigation and Inequality: Federal Diversity Jurisdiction in Industrial America by Edward A. Purcell, Jr.
Carden V. Arkoma Associates: A Refusal To Extend The Rule Treating Corporations As Citizens To Limited Partnerships For Federal Diversity Jurisdiction, Joseph J. Buch
West Virginia Law Review
No abstract provided.
Report On Survey Of The Bar, Committee On Federal Courts Of The New York State Bar Association
Report On Survey Of The Bar, Committee On Federal Courts Of The New York State Bar Association
Touro Law Review
No abstract provided.
Foreword: Certification: Assuring The Primacy Of State Law In The Fourth Circuit, John D. Butzner, Jr., Mary Nash Kelly
Foreword: Certification: Assuring The Primacy Of State Law In The Fourth Circuit, John D. Butzner, Jr., Mary Nash Kelly
Washington and Lee Law Review
No abstract provided.
The War On Diversity, John W. Reed
The War On Diversity, John W. Reed
Other Publications
Over the past decade or more there have been strong pressures to abolish the diversity jurisdiction of the federal courts. With the strong backing of the prestigious American Law Institute and many scholars, and with the support of the Chief Justice, Senator Kennedy, and others, specific proposals have been introduced in Congress, have been discussed at enormous length, and have passed one or the other House but not both. At the moment, therefore, we still have diversity jurisdiction, and it is safe to predict that abolition of diversity will not occur during the present session of Congress. Nevertheless, the long-term …
After "Life For Erie--A Reply, Peter Westen
After "Life For Erie--A Reply, Peter Westen
Michigan Law Review
Erie, having "preoccupied the intellectually dominant group of academic lawyers rising to maturity during the 1940's and 1950's," is reported to be losing its "symbolic centrality" for the newest generation of legal scholars. Professor Redish's prompt and excited response to our essay proves one thing: there is at least one scholar in the country who, having come to legal maturity during the last decade, still remains capable of becoming impassioned about Erie RR v. Tompkins.
Continuing The Erie Debate: A Response To Westen And Lehman, Martin H. Redish
Continuing The Erie Debate: A Response To Westen And Lehman, Martin H. Redish
Michigan Law Review
Although the Supreme Court has not spoken in detail on the Erie doctrine since its much-discussed decision in Hanna v. Plumer in 1965, commentary on the doctrine in the literature has undergone something of a "boomlet" in the last several years. Much of it has been stimulated by the groundbreaking article by Professor John Hart Ely in 1974. The latest contribution to the area is the recent article by Professor Peter Westen and Mr. Jeffrey Lehman appearing earlier this year in this journal. Unfortunately, their article does little to advance analysis of the Erie question, and contains numerous fundamental misstatements …