Forum selection; a look at jurisdiction

Article Abstract:

The supplemental jurisdiction statute contained in 28 USC 1367(b) deals solely with the use of supplemental jurisdiction in diversity cases, and the law makes clear that Congress's concern about undermining the policy goals of section 1332's nonconstitutional complete diversity rule. Therefore, Congress has limited the use of supplemental jurisdiction by plaintiffs, but not defendants, in diversity actions. This restriction is consistent with the general anti-diversity jurisdiction bias manifested by Congress for the last 10 years.

Supplemental jurisdiction

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Forum selection; key court rulings

Article Abstract:

The US Supreme Court ruled on federal jurisdiction and the removal of causes in Ruhrgas A.G. v. Marathon Oil Co. and Murphy Brothers v. Michetti Pipestringing, Inc., both handed down in 1999. The former decided that a district court should determine whether it has subject-matter jurisdiction and whether a case comes before it as a matter of original or removal jurisdiction, but that the jurisdictional hierarchy was not absolute. The latter rejected the actual-notice approach for the removal procedure.

Cases, Removal of causes, Federal jurisdiction, Venue, Venues (Law)

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Forum selection; jurisdiction problems

Article Abstract:

The statute covering diversity and supplemental jurisdiction, 28 USC 1367(b), has generated much case law, and issues have included the discretion to decline supplemental jurisdiction and the suitability of the supplemental jurisdiction statute to cure amount-in-controversy problems. Case law has held that district court have considerable discretion under 1367(c).

Diversity jurisdiction

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