by uslawessentials | Sep 10, 2019 | Civil Procedure, video
When a plaintiff seeks injunctive relief, federal courts calculate the amount in controvery based on the value of the object of the lawsuit Diversity Jurisdiction Review Federal courts, as courts of limited jurisdiction, only have the power to hear certain...
by uslawessentials | Jul 27, 2019 | Civil Procedure, Quiz, US Law Schools, video
MBE Question: Removal Based on Diversity The video below is in response to a question I received from a student regarding an MBE question concerning whether a defendant properly removed a civil case from state court to federal court based on diversity. 28 USC §...
by uslawessentials | May 26, 2019 | Civil Procedure, video
Complete Diversity Does Not Mean a State Court Lacks Subject Matter Jurisdiction One way for a federal court to assert subject matter jurisdiction is based on diversity. In most cases, a federal court will be able to assert subject matter jurisdiction if there...
by uslawessentials | Jan 31, 2019 | Civil Procedure
The Saints, the Fans, the NFL, Removal, and Remand A recent lawsuit filed by New Orleans Saints fans against the NFL and its commissioner provide a useful way to learn about federal court jurisdiction and removal and remand. The lawsuit was originally filed in...
by uslawessentials | Jan 17, 2019 | Civil Procedure
A Garnishee May Commence an Interpleader Action if Multiple Judgment Creditors Demand Property in His Possession What is a garnishee? What is a judgment creditor? What is a judgment debtor? A garnishee is usually defined as a person other than a judgment...
by uslawessentials | Jan 16, 2019 | Civil Procedure, What does . . . mean?
The Federal Rules of Civil Procedure Distinguish Between Mandatory and Permissive CounterclaimsA counterclaim is where a party that is being sued, files a claim against its adversary in the same litigation. Typically, defendants assert counterclaims against...