Is It Possible To Diversity in Civil Procedure?

Yes, diversity of citizenship is a core principle in civil procedure allowing federal courts to have jurisdiction over cases where the parties are from different states, provided the amount in controversy exceeds $75,000.

Diversity jurisdiction is a foundational aspect of federal civil procedure, primarily governed by 28 U.S.C. § 1332. It allows parties from different states to bring suits in federal court, thus avoiding potential biases in local state courts. The requirements for diversity jurisdiction include complete diversity among the parties and a minimum amount in controversy of $75,000, as established in the statute.

Complete diversity means that no plaintiff shares a state of citizenship with any defendant, preventing a plaintiff from choosing a forum that may favor their interests. For example, if a citizen of New York sues a citizen of California, they may seek to bring their case in federal court for reasons of fairness and impartiality.

It's important to note that diversity is determined at the time the action is filed, not at the time the events giving rise to the claim occurred, nor at the time of judgment. Changes in parties’ citizenship after commencement of a suit can affect jurisdiction, which is why students must understand the continual relevance of how and when citizenship is calculated.

The courts have developed several key doctrines to clarify diversity jurisdiction, such as the forum defendant rule and the concept of aggregating claims. The former prohibits removal of cases based on diversity if any defendant is a citizen of the forum state. Furthermore, while aggregation of claims by a single plaintiff against multiple defendants may sometimes satisfy the amount in controversy requirement, claims by multiple plaintiffs cannot be aggregated unless they arise out of the same transaction or occurrence and meet the jurisdictional threshold individually.

Thus, understanding the nuances of diversity jurisdiction is crucial for law students, as it informs both the procedural posture of cases involving parties from different states and the strategic decisions regarding where to file lawsuits.

• 1Strawbridge v. Curtiss (1806) - Established the complete diversity requirement for federal jurisdiction.
• 2Clark v. Barnard (1865) - Clarified concepts related to diversity and the citizenship of parties.
• 3Diversity Jurisdiction (Osborn v. Bank of the United States, 1824) - Set the precedent on the amount in controversy requirement.
• 4Caterpillar Inc. v. Lewis (1996) - Confirmed the importance of complete diversity at the time of filing.
• 5Mott v. A.D. Dextrous & Sons (1910) - Discussed aggregation of claims and its limitations.

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