Tag: Civil Procedure
Lessons in Diversity Jurisdiction from the First Circuit
The importance of subject-matter jurisdiction is axiomatic in federal courts. Parties must either get to federal court via a federal question or on the basis of diversity of citizenship. Given the centrality of subject-matter jurisdiction, Federal Rule of Civil Procedure 12(h)(3) mandates that cases that lack subject-matter jurisdiction must be dismissed. Even when issues of…
15 May 2017
Microsoft v. Baker
Without the class action, many consumers would have no practical remedy for damages suffered no matter how good a claim they may have. For instance, when a consumer believes he is sold a faulty Xbox 360 that damages his $30 videogame disc, it makes no sense for him to pay the $400 filing fee to…
28 Apr 2017
Vanishing Venue: Poof! And You Lose by Stephen Brown
I. Disparate Results for Similarly Situated Plaintiffs Imagine two plaintiffs in Georgia, Alice and Belinda, with very similar claims. Alice was injured by a product that was manufactured and sold in Fulton County, Georgia. Belinda was injured by a similar product, which was manufactured in Fulton County, but which was sold in nearby de Kalb…
19 Nov 2010