Diversity J quick question

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heraclitus
Posts: 14
Joined: Sat Oct 25, 2008 2:44 pm

Diversity J quick question

Postby heraclitus » Fri Apr 30, 2010 5:54 pm

First off, don't like the new banner above =P

Second, does anyone know whether there is diversity jurisidiction over a case where: alien+state citizen versus alien
I know 1332(a)2 provides diversity J. over: state citizen versus alien, but i dont think that covers the case above.

Third, does 1332(a)(3) provide diversity J over: alien+state citizen versus state citizen+alien, provided that the state citizens are from different states?
And what exactly does (a)(3) mean by aliens as "additional parties"? Can aliens be additional parties in terms of being jointly liable as Ds and seeking relief by joining as Ps?

Any answers will be greatly appreciated!!

270910
Posts: 2437
Joined: Thu May 21, 2009 9:51 pm

Re: Diversity J quick question

Postby 270910 » Fri Apr 30, 2010 5:58 pm

If you didn't cover this in class, you might not see it on the exam. It's a massive headache and a circuit split that gets all the way back to constitutional law, statutory interpretation, congressional intent, etc.

Which is to say: there is no simple answer.

soxfan08
Posts: 12
Joined: Thu Jan 22, 2009 12:03 pm

Re: Diversity J quick question

Postby soxfan08 » Fri Apr 30, 2010 6:03 pm

heraclitus wrote:First off, don't like the new banner above =P

Second, does anyone know whether there is diversity jurisidiction over a case where: alien+state citizen versus alien
I know 1332(a)2 provides diversity J. over: state citizen versus alien, but i dont think that covers the case above.

Third, does 1332(a)(3) provide diversity J over: alien+state citizen versus state citizen+alien, provided that the state citizens are from different states?
And what exactly does (a)(3) mean by aliens as "additional parties"? Can aliens be additional parties in terms of being jointly liable as Ds and seeking relief by joining as Ps?

Any answers will be greatly appreciated!!


According to my professor last semester, alien + US citizen v. alien would be no DJ. It is an unsettled question, but for our class it was always no DJ.

Alien + us citizen v. alien + us citizen would have DJ, as long as citizens are diverse.

Not sure the answer to your 3rd question.

270910
Posts: 2437
Joined: Thu May 21, 2009 9:51 pm

Re: Diversity J quick question

Postby 270910 » Fri Apr 30, 2010 6:09 pm

soxfan08 wrote:It is an unsettled question, but for our class it was always no DJ.


This is an important caveat. There are multiple (more than 2, lol) views on the precise meaning of 1332, 1332(a), their revision history, and their relation to the cases/controversies text in the constitution.

heraclitus
Posts: 14
Joined: Sat Oct 25, 2008 2:44 pm

Re: Diversity J quick question

Postby heraclitus » Fri Apr 30, 2010 6:51 pm

We didn't go over much about aliens in class but I just saw it in one of my prof's past exam question
Thanks for the input guys!




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