Federal Litigation in a Global Context: Methods and Practice

LAW 224B · 2 units · Spring Quarter

LAW 224B is a practical methods course that applies the federal jurisdiction principles studied in LAW 224A through realistic exercises and drafting assignments. This course develops practical skills in federal litigation: analyzing jurisdiction and venue issues in actual cases, drafting documents required in federal court practice, and conducting oral arguments on federal law questions. Students work through transactional analysis scenarios and litigation problems that require jurisdictional analysis, legal research, and written advocacy.

The course emphasizes learning by doing. Students draft jurisdictional analyses, removal notices, and motions to dismiss raising jurisdictional defects. They conduct research on federal court jurisdiction in the Fourth Circuit and analyze how federal courts in different regions approach international litigation and diversity jurisdiction problems. Guest practitioners from federal courts and federal litigation practices provide insights into how these doctrines apply in practice.

This course can be taken after completing LAW 224A (Coursework) or independently for students seeking practical federal litigation skills without the seminar component. The course is designed for students interested in federal practice, international law, or transactional work involving federal jurisdiction.

Course Goals

  • Draft documents raising and analyzing jurisdictional issues in federal court
  • Analyze removal jurisdiction and draft removal notices and remand motions
  • Apply federal jurisdiction principles to realistic litigation scenarios
  • Research federal court procedures and the Federal Rules of Civil Procedure
  • Conduct oral arguments on jurisdictional motions
  • Advise clients on choosing between federal and state court for litigation
  • Understand practical federal court practice in your jurisdiction and circuit

Course Structure

LAW 224B is a practical workshop course emphasizing exercises and drafting. Each week focuses on specific federal litigation tasks and skills. Students work individually and in small groups on realistic problems, receive feedback on drafts, and refine their work. Evaluation is based on participation, completion of assignments, and quality of written and oral work.

Practical Exercises and Assignments

Week 1: Jurisdictional Analysis Framework

Analyzing jurisdiction in realistic scenarios. Determining federal question, diversity, supplemental, and removal jurisdiction. Practice analyzing a multi-party, multi-claim federal litigation scenario.

Week 2: Federal Question Jurisdiction Analysis

Drafting analysis of federal question jurisdiction under 28 U.S.C. §1331. Applying Grable framework. Exercise: Analyze whether state law claim involves sufficient federal question for jurisdiction.

Week 3: Diversity Jurisdiction Analysis

Determining citizenship of parties, complete diversity requirement, and amount in controversy. Exercise: Multi-party scenario requiring citizenship analysis and diversity determination.

Week 4: Supplemental and Removal Jurisdiction

Analyzing supplemental jurisdiction under 28 U.S.C. §1367. Drafting removal notice and analyzing propriety of removal. Exercise: Removal jurisdiction problem set.

Week 5: Motion Practice on Jurisdictional Issues

Drafting motion to dismiss for lack of subject matter jurisdiction. Analyzing defects in federal question and diversity jurisdiction. Exercise: Draft motion to dismiss for lack of jurisdiction.

Week 6: International Jurisdiction and Comity

Federal court jurisdiction over international disputes. Analyzing comity and deference to foreign courts. Exercise: International litigation problem involving U.S. court jurisdiction over foreign defendants.

Week 7: Circuit-Specific Analysis and Fourth Circuit Practice

Examining how federal courts in the Fourth Circuit approach jurisdiction issues. Analyzing reported decisions on diversity, federal question, and supplemental jurisdiction. Comparing approaches across circuits.

Week 8: Guest Practitioners and Federal Court Practice

Guest speakers from federal courts, federal litigation departments, and U.S. attorneys offices. Discussion of federal jurisdiction in practice. Questions about federal court experience and practice considerations.

Practice Methods and Approaches

Jurisdictional Analysis Memo Template

Structure: (1) Identify the parties and claims; (2) Determine if federal question jurisdiction exists; (3) Determine if diversity jurisdiction exists; (4) Determine if supplemental jurisdiction applies to any additional claims; (5) Determine if removal is proper; (6) Analyze venue and service of process; (7) Conclusion on federal court jurisdiction and recommendations.

Removal Notice Checklist

Essential elements: (1) Complete description of case in state court; (2) Identification of federal jurisdiction basis(es); (3) Citation to federal statute(s) conferring jurisdiction; (4) Certification that removal is proper; (5) Demand for jury trial (if applicable); (6) Attorney certification under Rule 11; (7) Proper service on opposing parties and state court.

Citizenship Determination Exercise

Practice determining citizenship of: (1) Individual defendants (domicile vs. residence); (2) Corporate defendants (incorporation AND principal place of business); (3) Partnerships and LLCs (citizenship of all partners/members); (4) Foreign nationals and permanent residents; (5) Decedents' estates (citizenship at death).

Amount in Controversy Analysis

Determining amount in controversy for diversity jurisdiction: (1) Aggregation rules; (2) Benefit-of-the-bargain damages; (3) Injunctive relief and its value; (4) Amount claimed in good faith; (5) Counterclaims and supplemental claims; (6) Attorney's fees and costs.

Motion to Dismiss Practice

Drafting motion challenging subject matter jurisdiction: (1) Title and caption; (2) Introduction; (3) Statement of facts (non-disputed jurisdictional facts); (4) Legal argument (citing statutes and case law); (5) Conclusion requesting dismissal; (6) Prayer for relief and certification.

Study Guide: Practical Federal Litigation

Jurisdictional Analysis Process

When analyzing jurisdiction in a federal case, follow this systematic approach:

  1. Gather Information: Identify the parties, their locations/citizenship, the claims, and the amount in dispute
  2. Analyze Subject Matter Jurisdiction: What is the basis for federal court jurisdiction? Federal question (§1331), diversity (§1332), supplemental (§1367), or other statutory basis?
  3. Analyze Removal: If the case was in state court, was removal proper? Did defendant remove timely? Are there grounds to remand?
  4. Analyze Personal Jurisdiction and Venue: Can the court exercise power over the defendant? Is venue proper in this district?
  5. Analyze Service of Process: Was the defendant properly served with process?
  6. Advise Client: Should the case be in federal or state court? If federal, what is the jurisdictional basis? What defenses are available?

Federal Question Jurisdiction (§1331) Analysis

Assignment: Draft a jurisdictional analysis for a state law claim that may involve federal questions.

Process:

  • Identify the primary claim (contract, tort, property, etc.)
  • Identify any federal law that must be interpreted to resolve the claim
  • Apply Grable test: Is the federal issue substantial and would federal jurisdiction be appropriate?
  • Determine whether federal question jurisdiction exists
  • If no federal question, consider supplemental jurisdiction if related to federal claim
  • Draft memo analyzing the issue and recommending whether to assert federal question jurisdiction

Diversity Jurisdiction (§1332) Analysis

Assignment: Analyze diversity jurisdiction in a multi-party, multi-claim scenario.

Process:

  • Determine citizenship of each plaintiff and each defendant (watch for corporations with dual citizenship)
  • Apply complete diversity requirement: all plaintiffs diverse from all defendants
  • Calculate amount in controversy: aggregation rules for plaintiffs suing together
  • Analyze amount for injunctive relief (value of the right being protected)
  • Consider whether supplemental jurisdiction brings in additional parties or claims
  • Draft jurisdictional analysis stating the basis for diversity and any defects

Supplemental Jurisdiction (§1367) Analysis

Assignment: Identify claims within supplemental jurisdiction and determine whether the court should exercise discretionary jurisdiction.

Process:

  • Identify the "anchor" claim with independent federal jurisdiction
  • Identify additional claims that share a common nucleus of operative fact
  • Apply §1367(c) discretionary dismissal factors: novel state law questions, state law predominance, prior state court pendency, exceptional circumstances
  • Analyze whether the court should exercise supplemental jurisdiction over additional claims
  • Consider implications for judicial efficiency and comity

Removal Jurisdiction Analysis

Assignment: Draft removal notice or analyze defect in removal.

Process:

  • Determine if federal question or diversity jurisdiction exists
  • Verify removal is timely (30 days from receipt of summons or receipt of notice)
  • Determine if all defendants have joined in removal (or if removal by single defendant is proper)
  • Analyze waiver of removal by removal to different district or prior proceedings in federal court
  • Draft removal notice with complete caption, case description, jurisdictional basis, demand for jury trial
  • Provide for service on parties and the state court

Motion to Dismiss for Lack of Subject Matter Jurisdiction

Assignment: Draft motion challenging subject matter jurisdiction.

Structure:

  • Caption: Formal title "Motion to Dismiss for Lack of Subject Matter Jurisdiction"
  • Introduction: State what you're requesting and why (brief statement of defect)
  • Statement of Facts: Undisputed facts showing jurisdictional defect (citizenship, amount, federal law implications)
  • Legal Argument: Explain the applicable jurisdictional statute, case law interpreting it, and why the court lacks jurisdiction here
  • Conclusion: Request dismissal without prejudice (subject matter jurisdiction defects cannot be waived)

Oral Argument on Jurisdictional Motions

When arguing jurisdictional issues orally:

  • Lead with the strongest point: If multiple jurisdictional bases exist, start with the clearest one
  • Be specific about facts: Citizenship, amount in controversy, nature of claims—be precise
  • Apply the law to facts: Don't just state law; show how it applies to this case
  • Anticipate counter-arguments: Address the opposing party's likely arguments proactively
  • Cite authority: Reference statute sections and leading cases, but don't read long passages
  • Be prepared for questions: The judge will probe weak points; be honest if you're uncertain

Client Advice on Forum Selection

When advising a client on where to litigate, consider:

  • Jurisdictional basis: Is federal jurisdiction available? Is state court the only option?
  • Forum advantages: Are there procedural differences? Which forum advantages this client?
  • Strategic factors: Federal judges' experience, jury composition, local rules, scheduling
  • Cost considerations: Federal litigation may be more expensive; state court may be slower
  • Appeal: Federal appeals to circuit court; state appeals to state appellate courts
  • Removal risk: If plaintiff chooses state court based on diversity, defendant can remove to federal court

Skills Development

Each week focuses on developing specific federal litigation skills:

  • Week 1-2: Jurisdictional analysis memos on federal question jurisdiction
  • Week 3: Citizenship determination exercises and diversity jurisdiction analysis
  • Week 4: Removal notice drafting and supplemental jurisdiction analysis
  • Week 5: Motion to dismiss drafting and oral argument practice
  • Week 6-7: International litigation analysis and circuit-specific practice research
  • Week 8: Final project: comprehensive federal litigation analysis and recommendations

Additional Resources

  • Federal Rules of Civil Procedure — Rules 8-11 (pleading), Rules 12 (defenses), Rules 81-86 (supplemental provisions on jurisdiction)
  • 28 U.S.C. Chapter 85 (Jurisdiction) — Statutory bases for federal jurisdiction; keep these sections highlighted and accessible
  • Fourth Circuit Court of Appeals Website — Local rules, procedures, and recent decisions on jurisdictional issues
  • Sample Removal Notice — Template removal notice filed in actual federal cases
  • Sample Motion to Dismiss for Lack of Subject Matter Jurisdiction — Examples from federal litigation
  • Citizenship Charts by Entity Type — Visual guide to determining citizenship of various parties (individuals, corporations, partnerships, estates)
  • Federal Court Directory — Contact information for federal courts and clerks' offices in your circuit
  • PACER Access and Federal Case Research — Learn to research federal cases and access PACER (Public Access to Court Electronic Records)

Templates and Forms

Essential documents and templates for federal litigation:

  • Jurisdictional Analysis Memo Template
  • Removal Notice Template
  • Motion to Dismiss for Lack of Subject Matter Jurisdiction Template
  • Citizenship Determination Worksheet
  • Amount in Controversy Calculation Worksheet
  • Supplemental Jurisdiction Analysis Checklist
  • Oral Argument Outline Template