Sample Federal Complaint Based On Diversity Jurisdiction

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UNITED STATES DISTRICT COURT FORTHEDISTRICT …

    https://www.andersonadvocates.com/Files/21/Derstine-Complaint
    JURISDICTION 6. Plaintiffbrings her complaint under federal diversityjurisdiction, 28 U.S.C. 1332, as the parties are completely diverse in citizenship and the amount in controversy exceeds $75,000. FACTS 7. At all times material, Gerald Derstine (hereinafter "Derstine"), was under the

UNITED STATES DISTRICT COURT FOR THE NORTHERN …

    http://www.moriarty.com/depuy_hip_recall/content/documents/DePuy/Complaints/100910usdc-txnd10cv01787complaint.pdf
    Complaint - 14900 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION JERRE FREY, individually, § § Plaintiff § § VS. ... This Court has diversity jurisdiction over the parties pursuant to 28 U.S.C. §1332(a). No Defendant is a citizen of the same state as Plaintiff and the amount

What is a short and plain statement of a Court’s jurisdiction?

    https://uslawessentials.com/short-plain-statement-jurisdiction/
    To the right is an example of an allegation that the Court has federal question jurisdiction. The Complaint refers to 28 USC § 1332 and also to 28 USC § 1343.28 USC §1343 provides federal courts with original jurisdiction over certain types of claims based on civil rights violations. The plaintiffs in this case allege that the court has jurisdiction because a University discriminated ...

Jurisdiction: Diversity Federal Judicial Center

    https://www.fjc.gov/history/courts/jurisdiction-diversity
    Tyson and held that when considering state legal issues, which were the basis of most diversity cases, federal courts were bound to apply the common law of the states in which they sat, rather than a federal common law. The Erie decision had the effect of removing one of the major incentives for invoking diversity jurisdiction. Further limits ...

Federal Subject Matter Jurisdiction Outline

    https://jenner.com/system/assets/assets/5507/original/Federal_20Subject_20Matter_20Jurisdiction_20Outline_Jenner_20_26_20Block_0611.pdf?1323113751
    This outline discusses subject matter jurisdiction in federal courts and was ... did not explicitly plead the federal issue in the complaint..... 13 b. Declaratory Judgments: A declaratory judgment action satisfies the well- ... purposes of testing complete diversity; a court will realign parties based on

REMOVING DIVERSITY CASES: The Thrill Is Gone

    https://www.cabaniss.com/wp-content/uploads/2015/06/The-Alabama-Lawyer-May-2015.pdf
    two. Federal diversity jurisdiction is con-ferred by 28 U. S. C. § 1332, which vests in federal district courts jurisdiction of civil actions where the amount in controversy exceeds $75,000 and the controversy is between citizens of different states. For purposes of original diversity jurisdiction and removal, an individual is a citizen of

Subject Matter Jurisdiction: Should I File in Federal or ...

    https://www.nolo.com/legal-encyclopedia/subject-matter-jurisdiction-state-federal-29884.html
    If a federal court has jurisdiction based on diversity of citizenship, the subject matter of the case doesn't matter. Examples of federal diversity jurisdiction include: A citizen of New York injured in a traffic accident sues the New Jersey citizen who was driving the car, and the complaint asks for damages in excess of $75,000.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ...

    https://cases.justia.com/federal/district-courts/california/cacdce/2:2012cv09437/546891/18/0.pdf
    UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. CV 12-09437 MMM (FMOx) Date March 5, 2013 ... court’s diversity jurisdiction under 28 U.S.C. § 1332.2 ... The right to remove a case to federal cour t …

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF …

    http://coalition4change.org/samplecomplaint2.pdf
    for work induced maladies, and finally, terminated her Federal service employment when the discrimination / retaliation caused her incapacity. Jurisdiction 2. This Court has jurisdiction over the subject matter of this civil action pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-16, The Rehabilitation Act, 29 U.S.C.

NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION UNITED ...

    http://web.mit.edu/mherdeg/Public/14-cv-09214/1-complaint.pdf
    their undersigned counsel, for their Complaint against Defendant Aktarer Zaman (“Zaman”), individually and d/b/a Skiplagged.com (“Skiplagged”), state as follows: NATURE OF THE ACTION 1. This is a federal-question and diversity action involving statutory claims under the Lanham Act,15 U.S.C. § 1125,and common law claims under Illinois law.

BY GREGORY C. COOK AND A. KELLY BRENNAN

    https://www.whitearnolddowd.com/wp-content/uploads/2015/08/Removal-Article.pdf
    removals based on diversity jurisdiction. AVOIDING REMAND ... To establish federal diversity jurisdiction, section 1332 of Title 28 of the United States ... Historically, the amount in controversy identified in the plaintiff’s complaint controls.40 Thus, if a plaintiff specifies in the complaint that he or she seeks in excess of the ...

28 U.S. Code § 1332 - Diversity of citizenship; amount in ...

    https://www.law.cornell.edu/uscode/text/28/1332
    As to citizenship of bank where jurisdiction depends upon diversity of citizenship, see section 1348 of this title. Words “all civil actions” were substituted for “all suits of a civil nature, at common law or in equity” in order to conform to Rule 2 of the Federal Rules of Civil Procedure.

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN ...

    http://www.freedomwatchusa.org/pdf/150324-filed%20Clinton%20RICO%20complaint.pdf
    COMPLAINT PURSUANT TO RACKETEER INFLUENCED AND CORRUPT ... This Court also has subject matter jurisdiction over this action based on diversity of citizenship pursuant to 28 U.S.C. § 1332(a)(2). ... transparency in the public interest within the federal government and governmental

Diversity jurisdiction - Wikipedia

    https://en.wikipedia.org/wiki/Diversity_jurisdiction
    Diversity jurisdiction is currently codified at 28 U.S.C. § 1332. In 1969, the American Law Institute explained in a 587-page analysis of the subject that diversity is the "most controversial" type of federal jurisdiction, because it "lays bare fundamental issues regarding …

Subject Matter Jurisdiction over a Civil Action: Diversity ...

    https://lawshelf.com/shortvideoscontentview/subject-matter-jurisdiction-over-a-civil-action-diversity-jurisdiction/
    In our previous presentation, we looked at federal question jurisdiction under 28 U.S.C. § 1331. Next, we turn to federal subject matter jurisdiction under section 1332, based on diversity of citizenship. Diversity jurisdiction applies when the plaintiff and defendant are from different states and the amount in controversy is more than $75,000.

Federal Question Jurisdiction Wex US Law LII / Legal ...

    https://www.law.cornell.edu/wex/federal_question_jurisdiction
    Federal question jurisdiction is one of the two ways for a federal court to gain subject-matter jurisdiction over a case (the other way is through diversity jurisdiction). Generally, in order for federal question jurisdiction to exist, the cause of action must arise under federal law.

COMPLAINT Jurisdiction and Venue

    https://www.aclu.org/sites/default/files/FilesPDFs/frederick.pdf
    COMPLAINT Jurisdiction and Venue 1. The Plaintiff, Joseph Frederick, seeks redress for violations of his federal civil rights under 42 U.S.C. § 1983 and the First Amendment to the United States Constitution, and to his civil rights under state law as set out below. This …

Federal Pro Se Clinic - Public Counsel

    http://www.publiccounsel.org/tools/materials/files/GUIDE-How-to-Write-a-Complaint.pdf
    Federal Pro Se Clinic, as it contains an explanation of jurisdiction and venue, which you must address in your complaint.) The complaint should include the following sections: Jurisdiction: Explain why the federal court has jurisdiction over your case. Venue: Explain why you are suing in this court.

Diversity Jurisdiction Removal in Florida – The Florida Bar

    https://www.floridabar.org/the-florida-bar-journal/diversity-jurisdiction-removal-in-florida/
    Jan 01, 2003 · In that light, a party seeking removal bears the burden of proving its entitlement to have the case heard in federal court, 4 and must scrupulously comply with a number of statutory requirements, the first and foremost of which is proving the existence of federal jurisdiction. A cursory overview of diversity federal jurisdiction follows.

How to Get an LLC into Federal Court: Tips for Pleading ...

    https://bostonbarjournal.com/2018/05/14/how-to-get-an-llc-into-federal-court-tips-for-pleading-diversity-jurisdiction-over-unincorporated-entities/
    May 14, 2018 · by Thomas Sutcliffe Practice Tips For federal diversity jurisdiction under 28 U.S.C. § 1332, a plaintiff, or removing defendant, must establish diversity of citizenship between the parties. Typically, that means that all of the plaintiffs must be citizens of a different state than all of the defendants. And a party wishing to get into federal…



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