diversity

Question 1

Paul sues Dave in federal court for $1 million. Paul is a citizen of Maine, and Dave is a citizen of Maine. The case is filed in a federal district court in Iowa. Is there diversity jurisdiction?
A. Yes.
B. No.
C. Maybe.

Answer 1

B. No.

Question 2

Paul sues Dave in federal court for $1 million. Paul is a citizen of Maine, and Dave is a citizen of Delaware. The case is filed in a federal district court in Maine. Is there diversity jurisdiction?
A. Yes.
B. No.
C. Maybe.

Answer 2

A. Yes.
looking for intersections between sets/parties

Question 3

Petra, a citizen of North Carolina, is visiting Virginia Beach when she gets in a car accident with Duane, a citizen of Virginia. She sues him in a Hawaii federal district court for $100,000. Does the Court have diversity jurisdiction?
A. Yes.
B. No.
C. Maybe.

Answer 3

YES

Question 4

Petra the plaintiff, a citizen of Pennsylvania, sues Duane the defendant, a citizen of Delaware, for $1 million. Which federal courts have original jurisdiction over her complaint?
A. In Delaware, where Duane has the home court advantage – and where it makes sense to give Petra a federal forum.
B. In Pennsylvania, where Petra has the home court advantage – and has no need for federal “protection.”
C. In the other 48 states, where neither side is at home, and neither side needs the protection of the federal court.
D. In all 50 states.

Answer 4

D

Question 5

Paul sues Dave and Dan. Dave and Dan are both citizens of Maine. Is there complete diversity?
A. Yes.
B. No.
C. Maybe. We also need to know the citizenship of the other party.

Answer 5

C – we don’t know Paul’s citizenship ; Ps don’t have to diverse from their co-Ps (same for Ds)

Question 6

Paul sues Dave and Dan. Paul and Dan are both citizens of Maine. Is there complete diversity?
A. Yes.
B. No.
C. Maybe. We also need to know the citizenship of the other party.

Answer 6

B

Question 7

Paul sues Dave in federal court on a tort claim for $1 million. Paul is a resident of Maine, and Dave is a resident of Delaware. Does the federal court have diversity jurisdiction?
A. Yes.
B. No.
C. Maybe.

Answer 7

C; residency =/ domicile

Question 8

Wile E. Coyote, a citizen of New Mexico, sues Acme Co., a business incorporated in New York. Is there diversity?
A. Yes.
B. No.
C. Maybe.

Answer 8

C. Maybe! if the principal place of business is in New Mexico

Question 9

Tina, a seven-year-old Texan, was injured during a strenuous episode of mutton busting at a ranch operated by Tony, who is also a citizen of Texas. A suit is filed against Tony on Tina’s behalf by her guardian ad litem, her Uncle Ben, who is a citizen of Oregon. Is there diversity?
A. Yes.
B. No.
C. Maybe.

Answer 9

NO.

Question 10

Wald Co. is a Delaware corporation.* Its headquarters and executive decision makers are located in Tulsa, Oklahoma. It manufactures bicycle tires at two major plants; one is in New Orleans, Louisiana (which makes 80% of the tires), and the other is in Scranton, Pennsylvania (where 80% of its employees are employed). WHERE IS CITIZENSHIP OF WALD CO.?

Answer 10

“nerve center” test – Supreme Court
Oklahoma & Delaware – citizenship

Question 11

Cayla, a Florida citizen, sues her former law firm for malpractice. The law firm is a partnership and has its headquarters and its only office in New York City. Is there diversity?
A. Yes.
B. No.
C. Maybe.

Answer 11

Maybe – have to find every partner’s domicile

Question 12

If some of the parties have crossed state lines and changed their domicile, the federal court’s diversity jurisdiction depends on whether the plaintiffs and the defendants were citizens of different states when:
A. the cause of action arose.
B. the complaint is filed.
C. the motion to dismiss is argued.
D. the trial begins.
E. all of the above.

Answer 12

B. the complaint is filed
Supreme Court decided