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Diversity jurisdiction is currently codified at 28 U.S.C. § 1332. In 1969, the American Law Institute explained in a 587-page analysis of the subject that diversity is the "most controversial" type of federal jurisdiction, because it "lays bare fundamental issues regarding the nature and operation of our federal union." [2]
The U.S. Class Action Fairness Act of 2005, 28 U.S.C. §§ 1332(d), 1453, 1711–15, expanded federal subject-matter jurisdiction over many large class action lawsuits and mass actions in the United States. The bill was the first major piece of legislation of the second term of the Bush Administration.
Title 28 (Judiciary and Judicial Procedure) is the portion of the United States Code (federal statutory law) that governs the federal judicial system. It is divided into six parts: Part I: Organization of Courts
The Foreign Sovereign Immunities Act of 1976 (FSIA) is a United States law, codified at Title 28, §§ 1330, 1332, 1391(f), 1441(d), and 1602–1611 of the United States Code, that established criteria as to whether a foreign sovereign state (or its political subdivisions, agencies, or instrumentalities) is immune from the jurisdiction of the ...
Burger King brought a diversity action pursuant to 28 U.S.C. § 1332(a) [2] against the defendants in the United States District Court for the Southern District of Florida in May 1981. Burger King also invoked the Court's original jurisdiction over disputes arising under federal trademark law pursuant to 28 U.S.C. § 1338(a). The District Court ...
Subject-matter jurisdiction, also called jurisdiction ratione materiae, [1] is a legal doctrine regarding the ability of a court to lawfully hear and adjudicate a case. . Subject-matter relates to the nature of a case; whether it is criminal, civil, whether it is a state issue or a federal issue, and other substantive features of th
The Act originated as Section 34 of the Judiciary Act of 1789. [1] It is now codified, in slightly different form, in 28 U.S.C. § 1652 , as follows: The laws of the several states, except where the Constitution or treaties of the United States or Acts of Congress otherwise require or provide, shall be regarded as rules of decision in civil ...
Venue, however, would have been proper under 28 U.S.C. § 1391, the general federal venue statute, because Oklahoma was a state in which a substantial part of the events or omissions giving rise to the claim occurred. However, the United States Supreme Court found that the defendants (World-Wide Volkswagen Corp.) did not have the minimum ...