1332- Diversity Alienage 1331- Fed Q

Article 3 Section 2 - Minimal Diversity- const basis of 1332, need complete Article 3 Section 2 - Fed Juris. Const./Fed Law/Treaties
diversity under 1332
1. Arising Under (Normal) needs all 3 elements
1. Diversity a. Well pleaded complaint
a. Complete Diversity i. Original complaint must have federal issue in it
i. Individual = state domicile b. Substantial
ii. US citizen c. Will parties dispute federal issues
b. Alienage jurisdiction i. FTCA
i. US citizen v. non-US citizen ii. If private cause of action for anything under a fed st
ii. US citizenship dominates if also foreign citizen- its arising under juris.
applies to dual citizenship 2. State claims with embedded federal issues
iii. Ex. TX v Jordanian (PRA of MD) = alienage a. Grable 1-3 plus:
jurisdiction i. 4. Will it flood fed cts? Disrupt sharing of power
c. Joining a foreign party
i. Tack on foreign so long as USA citizens keeps
diversity
ii. Can have MD & France v TX & France
iii. Stateless ppl are none of the 4 categories and
so no alienage jurisdiction or citizenship, cant
sue in fed ct
d. Foreign P can sue US citizens
2. Also need to be greater than 75k, can’t be 75k exact
a. Aggregation
i. Can sue one D for multiple claims and aggregate
ii. Can aggregate multiple tortfeasors for the same
claim ie mult tortfeasors
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How to determine citizenship not of individuals
b. Corporation citizenship
i. To determine PPB/headquarters- use Nerve center
test + incorporated
ii. Also look to Corp activities, corp assets, and total
activities
c. Behalf of others
i. dead/minor/mentally incompetent
1. Take that person’s domicile
Supplemental 1367

1. Common Nucleus of Operative Fact 1331

a. Gibbs- must come from the same question
2. Diversity Case Anchor 1332
a. No supp juris by P against parties joined by rule 14/19/20/24 when it violates diversity
3. Courts Use Discretion 1331