David A. Carlton
Professor Yokoyama
Civil Procedure I
11/21/11
Sample Essay Question
Parties:
Paula – Pennsylvania Citizen
Dumpco – Delaware Corporation; Pennsylvania Principal Place of Business
Connie – California Citizen
Facts:
Fire at a Pennsylvania Dump.
Paula paid for hospital bills ($50,000), a hotel for a week and a private tutor for children’s studies.
Connie (CA) excavated Dumpco’s Pennsylvania dump seven (7) years prior.
Paula filed an action against Dumpco for negligence (PA State Court).
Dumpco removed to PA Fed. District Court. Paula moved to remand 12(b)(1) motion. Motion denied.
Dumpco filed impleader claim against Connie alleging negligence.
Paula settled and dismissed her claim against Dumpco.
Connie moved to dismiss her claim against Dumpco for lack of SMJdx. The court denied the motion.
Federal Question Jurisdiction
 Prima Facia Case – Facts of the case do not indicate that the actions arise under the Constitution, etc.
o No substantial federal issue.
Diversity Jurisdiction
 $50,000 + Tutor + Hotel per/week + Additional Sums.
 Citizens of Different States
o Paula (PA) v. Dumpco (Del; PA) (N)
 28 U.S.C. Section 1332 – If citizenship overlaps with another, diversity does not exist.
 Domicile for Persons v. Principal Place of Business + Place of Incorporation.
 Nerve Center Test
o Dumpco (Del; PA) v. Connie (CA) (Y)
 Citizens of a State and Citizens or Subjects of a Foreign State (Not Relevant).
 Citizens of Different States as Additional Parties
 A Foreign State v. U.S. or Different States (Not Relevant).
Supplemental Jurisdiction
Removal
(1) Did the court properly deny Paula’s motion for remand? Discuss.
a. (Basically, did Federal Court have SMJdx.)
(2) Did the court properly deny Connie’s motion to dismiss? Discuss.