question
AICPA v. Affinity Card
answer
Service of process upon a corporation is not effective if service is made upon a non-employee who is (1) not authorized to accept process or (2) aware that he is doing so, regardless of whether the corporation timely receives actual notice
question
Mullane v. Central Hanover Bank & Trust Co.
answer
Notice must be reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.
question
Jones v. Flowers
answer
When a state is attempting to serve a citizen with process, it must take reasonable steps to serve the notice if service by mail is ineffective.
question
American Well Works Co. v. Layne & Bowler Co.
answer
a suit arises under the law that creates the cause of action
question
Osborn
answer
Federal courts have original jurisdiction over any matter that involves a federal question.
question
Gunn v. Minton
answer
cases that originate in state court might also arise under federal law if: (1) the case necessarily deals with a federal issue; (2) the issue is actually disputed; (3) the issue is substantial; and (4) the federal forum can hear the case without disrupting the balance between federal and state judicial responsibilities
question
Smith v. Kansas City Title & Trust Co.
answer
For purposes of federal question jurisdiction, a case arises under the Constitution if a plaintiff's right to relief depends on the court's interpretation of the Constitution.
question
Strawbridge Rule
answer
complete diversity required. Federal Diversity jurisdiction requires complete diversity between all plaintiffs and defendants
question
Senor frog
answer
A party's citizenship for purposes of establishing diversity under 28 U.S.C. § 1332 depends on the party's domicile at the time the complaint is filed.
question
Hertz
answer
Nerve center. A corporation shall be deemed to be a citizen of any State in which it has been incorporated and of the State where it has its principal place of business."
question
Carden
answer
The citizenship of limited partners should be considered in determining the citizenship of a limited partnership for purposes of diversity jurisdiction.
question
Yellow Cab
answer
A federal court lacks subject matter jurisdiction based on diversity of citizenship if the plaintiffs are aliens and the defendants consist of an alien and a U.S. citizen.
question
Grupo Dataflux v Atlas
answer
If a federal court lacks subject matter jurisdiction at the time of filing because of a lack of diversity under 28 U.S.C. § 1332, a party's post-filing change of citizenship will not cure the defect.
question
St. Paul Mercury Test
answer
the plaintiff's claim for more than the required amount will generally be accepted, if it appears to be made in good faith, unless it appears to a legal certainty that the claim is really for less than the jurisdictional amount.
question
Coventry Sewage
answer
If a plaintiff, in good faith, establishes the requisite amount in controversy under 28 U.S.C. § 1332 but a subsequent development of which the plaintiff could not have been aware reveals that the amount actually fails to meet the statutory threshold, the federal district court retains subject matter jurisdiction
question
Owen v. Kroger
answer
In an action in which federal jurisdiction is based on diversity, the court may not exercise jurisdiction over the plaintiff's claim against a third-party defendant if there is no independent basis for federal jurisdiction over that claim.
question
Ettlin v. Harris
answer
An action is not removable to federal court under 28 U.S.C. § 1441(c) if all of the claims are within the original or supplemental jurisdiction of the federal district court.
question
Osborn
answer
Potential federal ingredient (Article III section 2 requirement)
question
Smith v. KC Title
answer
P's Right to relief depends upon the question of constitutionality; it turns on the question of federal law and the case cannot be decided without deciding constitutionality and therefore Satisfies 1331 through the EFI test.
question
St Paul Mercury
answer
Good Faith Requirement for amount in controversy, if it is claimed in good faith, it will confer jurisdiction
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