Federal Litigation in a Global Context: Coursework

LAW 224A · 2 units · Winter Quarter

This course introduces the fundamentals of federal jurisdiction and the civil procedure applicable to litigation in federal courts, with particular attention to international and cross-border disputes. Federal courts exercise jurisdiction over disputes involving federal questions and disputes between citizens of different states with substantial amount in controversy. This course examines how federal jurisdiction operates, when parties may sue in federal court, and how federal procedure applies to international litigation.

The course emphasizes practical understanding of federal court jurisdiction and procedure for transactional lawyers, litigators, and international law practitioners. Students study how federal diversity jurisdiction and supplemental jurisdiction operate, when international jurisdiction becomes relevant, and how federal courts handle disputes involving parties or property in multiple countries. The course provides essential preparation for the companion course LAW 224B, which applies these principles through practical exercises and methods.

This two-course sequence (224A: Coursework, 224B: Methods and Practice) allows students to combine substantive study of federal jurisdiction with practical application. Students may take 224A and 224B in sequence or 224B alone. Taking both courses develops comprehensive understanding of federal litigation fundamentals and practical federal court practice.

Learning Objectives

  • Understand federal question jurisdiction and the scope of Article III authority
  • Analyze diversity jurisdiction: citizenship of parties, diversity requirement, amount in controversy threshold
  • Apply supplemental jurisdiction to claims that lack independent federal basis
  • Understand removal jurisdiction and when state court suits may be removed to federal court
  • Examine jurisdictional issues in international and cross-border disputes
  • Study governing law issues: when state law and when federal law applies in federal court
  • Analyze service of process and personal jurisdiction in international context

Course Structure

LAW 224A is a coursework seminar emphasizing substantive understanding of federal jurisdiction through readings, discussion, and problem-solving. LAW 224B (Methods and Practice) is a companion practical course applying these principles through mock litigation exercises, drafting assignments, and oral advocacy. Students may take the courses in sequence or take 224B alone for a practical introduction to federal litigation.

Course Topics and Readings

Week 1: Foundations of Federal Jurisdiction

Article III of the Constitution and the scope of federal judicial power. Cases and controversies requirement. Origins and development of federal jurisdiction statutes. Congressional control over federal jurisdiction.

Week 2: Federal Question Jurisdiction

28 U.S.C. §1331 federal question jurisdiction. "Arising under" requirement and Grable framework. When federal questions give rise to federal jurisdiction. Relationship to supplemental jurisdiction.

Week 3: Diversity Jurisdiction—The Basics

28 U.S.C. §1332 diversity jurisdiction. Complete diversity requirement from Strawbridge v. Curtiss. Citizenship of individuals, corporations, and associations. Amount in controversy requirement ($75,000 threshold).

Week 4: Diversity Jurisdiction—Advanced Issues

Aggregation of claims, multiple parties, and supplemental claims. Diversity based on alienage (foreign nationals). Citizenship changes and timeliness. Counterclaims and supplemental jurisdiction in diversity cases.

Week 5: Supplemental Jurisdiction

28 U.S.C. §1367 supplemental jurisdiction. Pendent and ancillary jurisdiction doctrine. When supplemental jurisdiction is proper. Discretionary dismissal under §1367(c). Addition of new defendants and supplemental jurisdiction.

Week 6: Removal Jurisdiction

28 U.S.C. §1441 removal to federal court. When state court suits may be removed. Complete removal doctrine and diversity removal limitations. The timeframe for removal and waiver by removal.

Week 7: International Jurisdiction and Comity

Jurisdiction over foreign defendants and international litigation. Comity and deference to foreign courts. When U.S. courts assert jurisdiction over international disputes. Conflict with foreign jurisdiction.

Week 8: Governing Law in Federal Court

Erie doctrine and when federal vs. state law applies in federal court. Rules Enabling Act and Federal Rules of Civil Procedure supremacy. Conflict between state law and federal procedure. Federal common law in certain domains.

Jurisdictional Analysis Framework

Strawbridge v. Curtiss (1806)

Established complete diversity requirement: all plaintiffs must be diverse from all defendants. This strict requirement still governs diversity jurisdiction. A single non-diverse party defeats diversity jurisdiction entirely.

Grable & Sons Metal Products, Inc. v. Darue Engineering & Manufacturing (2005)

Clarified federal question jurisdiction. A state-law claim may arise under federal law (federal question jurisdiction) if resolving the claim requires substantial federal law interpretation, not merely tangential federal law reference.

Gibbs v. United States (1966)

Established pendent jurisdiction doctrine (now supplemental jurisdiction under §1367). Related state law claims may be heard in federal court if they share a common nucleus of operative fact with the federal claim.

Bahrampour v. Lampert (1988)

Addressed amount in controversy in diversity cases. The amount must be alleged in good faith, and the amount satisfied at the time of removal. Aggregation is proper for joint, undivided claims but not for separate claims by multiple parties.

De Bobadilla v. Grupo Gigante, S.A. (1998)

Addressed federal jurisdiction over international disputes. Established that federal question jurisdiction extends to claims involving international treaties and foreign law, properly invoking federal court jurisdiction.

Study Guide: Federal Jurisdiction Analysis

Federal Jurisdiction Flowchart

When analyzing whether a federal court has jurisdiction, follow this sequence:

  1. Subject Matter Jurisdiction: Does the federal court have power to hear this type of case?
    • Federal Question (§1331): Claim arises under federal Constitution, federal law, or federal treaty?
    • Diversity (§1332): Parties from different states AND amount in controversy exceeds $75,000? Complete diversity?
    • Supplemental (§1367): Related to federal claim and shares common nucleus of operative fact?
  2. Personal Jurisdiction: Can the court exercise power over the defendant? (Minimum contacts test)
  3. Venue: Is this the proper district? (Proper venue required)
  4. Service of Process: Has the defendant been properly served?

Federal Question Jurisdiction (§1331)

Statute: "The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States."

Analysis: Apply the Grable test:

  • Would resolving the state law claim require interpretation of federal law?
  • Is the federal law component substantial?
  • Would federal jurisdiction be a proper exercise of judicial authority?
  • Are there concerns about federal-state balance and uniformity?

Key Points: Simply having a federal defense is insufficient. The federal question must appear in the plaintiff's well-pleaded complaint. Anticipatory defenses don't create federal question jurisdiction.

Diversity Jurisdiction (§1332)

Statute: Federal courts have jurisdiction over civil actions "between citizens of different States" where the amount in controversy exceeds $75,000.

Complete Diversity Requirement: All plaintiffs must be diverse from all defendants. A single non-diverse party defeats jurisdiction entirely.

Citizenship Determination:

  • Individuals: Citizenship is the state of domicile (home state + intent to remain indefinitely)
  • Corporations: Citizenship in state of incorporation AND state of principal place of business
  • Unincorporated Associations: Citizenship of each member (defeats diversity if any member is not diverse)
  • Aliens: Foreign nationals are treated as citizens of their country; U.S. permanent residents can be citizens of states

Amount in Controversy: Must exceed $75,000 (as of 2024; adjusted periodically for inflation). Evaluated at time of filing. Good faith allegation sufficient unless implausible.

Supplemental Jurisdiction (§1367)

When Proper: A federal court has supplemental jurisdiction over claims that share a common nucleus of operative fact with the federal claim (former pendent/ancillary jurisdiction).

Discretionary Dismissal (§1367(c)): Court may dismiss supplemental claims if:

  • Claim raises novel or complex state law questions
  • State law claim predominates over federal claim
  • Claim has been pending in state court when joined
  • There are exceptional circumstances (efficiency, convenience, comity)

Key Point: Supplemental jurisdiction allows related claims without independent federal basis to be heard together, promoting judicial efficiency.

Removal Jurisdiction (§1441)

When Available: A suit filed in state court may be removed to federal court if federal court would have jurisdiction:

  • Federal question jurisdiction, OR
  • Diversity jurisdiction (with some restrictions)

Limitations: If case is within exclusive federal jurisdiction (copyright, patent, federal question in some areas), removal is straightforward. If based on diversity, complete diversity required at removal (and removal must occur within 30 days of receiving notice of removability).

Complete Removal: All claims and parties must be removable; if any claim or party is not removable, the entire action may not be removed.

International Jurisdiction Considerations

When federal courts address international disputes:

  • Personal Jurisdiction: Minimum contacts analysis applies internationally. U.S. courts sometimes exercise jurisdiction over foreign defendants even without domestic presence if they've directed conduct at the U.S.
  • Comity: Courts consider deference to foreign courts and avoid interference with foreign sovereign authority
  • Foreign Sovereign Immunities Act: Foreign nations have immunity from suit unless an exception applies (commercial activity, waiver, etc.)
  • International Agreements: Treaties and conventions may specify jurisdiction (e.g., Hague Convention on service of process)

Erie Doctrine and Governing Law

In diversity cases, determine what law applies:

  • Substantive State Law: Apply state substantive law (contracts, torts, property) to avoid encouraging forum shopping
  • Federal Procedural Rules: Apply Federal Rules of Civil Procedure (supersede state procedures)
  • Outcome-Determinative Tests: If federal procedure would significantly affect outcome, apply state practice if no Federal Rule conflicts
  • Federal Common Law: Certain domains (e.g., admiralty, federal employee benefits) apply federal common law even in diversity

Practice Problems

Work through jurisdiction problems analyzing federal question, diversity, supplemental, and removal jurisdiction. Consider citizenship determinations, amount in controversy, complete diversity, and supplemental jurisdiction propriety in multi-party, multi-claim scenarios.

Additional Resources

  • 28 U.S.C. Chapter 85 (Jurisdiction) — §1331 (federal question), §1332 (diversity), §1367 (supplemental), §1441 (removal). Keep these sections accessible
  • Federal Rules of Civil Procedure Rules 1-15 — Scope, jurisdiction, venue, parties
  • Article III of the U.S. Constitution — Defines the scope of federal judicial power
  • Citizenship Determination Chart — Visual guide for determining citizenship of individuals, corporations, and associations
  • Federal Jurisdiction Flowchart — Decision tree for analyzing jurisdiction issues
  • Diversity Jurisdiction Problem Sets — Practice problems involving complete diversity, amount in controversy, and supplemental claims
  • Removal and Remand Procedures — Timeline and requirements for removing state suits to federal court
  • Hague Convention Materials — Guidelines for service of process internationally

Key Concepts Reference

Master federal jurisdiction terminology: Federal question jurisdiction, Diversity jurisdiction, Complete diversity, Amount in controversy, Supplemental jurisdiction, Common nucleus of operative fact, Removal, Comity, Personal jurisdiction, Erie doctrine, Outcome-determinative, Forum non conveniens. Spaced repetition for federal jurisdiction foundations.