One of the ways to get to federal court is if there is diversity jurisdiction. This requires (1) complete diversity of citizenship of the adverse parties and an amount in controversy exceeding $75,000. Lee v. Airgas MidSouth, Inc., 793 F.3d 894, 899 (8th Cir. 2015); 28 U.S.C. § 1332(a). Many lawsuits, however, are coy on whether the…
Legal Articles
Removal to Federal Court, Counterclaims
If a lawsuit is filed in state court, one or more defendants can “remove” or transfer the case to federal court if there is diversity jurisdiction or federal question jurisdiction. If a defendant files a counterclaim, that counterclaim cannot serve the basis for removal to federal court. More to the point, it is the lawsuit…
Probate Exception to Federal Jurisdiction
There are two main ways for a lawsuit to end up in federal court. First, if the lawsuit “arises under” federal law. This is sometimes called federal question jurisdiction. Second, if there is diversity jurisdiction. There are, in turn, two main requirements for diversity jurisdiction: the amount in controversy must exceed $75,000 and all of…
Federal Jurisdiction: When cases go to Federal Court
The vast majority of litigation which occurs in the U.S. occurs in State courts. The reason for this is that while State courts have inherent authority to hear all disputes, federal jurisdiction is limited. Just as the federal congress’ powers are few and defined (in theory), the federal judiciary’s jurisdiction is specifically enumerated. Although there…