October 22, 2005
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For any of you lawyers out there who understand subject matter jurisdiction:
Betty wants to sue two airlines for anti-competitive behavior. However, the federal statute only allows the Department of Justice the right to sue companies who engage in this type of behavior. Betty wants to sue for a state-law cause of action. She does not share citizenship with any of the defendants, and she seeks $1000 in compensatory damages and $100,000 in punitive damages. Does the federal district court in the forum state have subject matter jurisdiction over Betty’s case (note: none of the defendants are citizens of the forum state)?
So far I think I know…
1) Betty has diversity jurisdiction.
2) Betty does not have federal question jurisdiction.
So does Betty have supplemental jurisdiction? How could that happen if only the DOJ has a private right of action under the federal statute?
ARGH! What is this?!?
Comments (6)
concur on #1 and #2.. but… beats me after that.
ryc on whores and lovesick lonely hearts… no middle ground?
I have no clue- I’m not a law student >< … But it’s good to see that the lawyers of tomorrow are being adequately intellectually challenged today =]
btw thanks for the example in my Xanga but… I’m still clueless (because New Zealand is a totally different country to Aus and we tend to consider ourselves “superior”… but it’s nothing more than nationalistic pride )..
“Rotting…rotting…and exuding putrid, noxious gas into your mouth,…”
mmmm… consistently dramatic in the textual manifestations of your opinions… whether it be flossing or falling in love.
ROFL forgot to mention- I’m actually in Australia… so if you’re curious about Aus just ask~ There are a lot of asians here though… the asians seem to be a lot more dedicated to studying and I think in 10yrs time we’re gonna have a lot of Asian accountants and lawyers.
I will answer these questions in two parts. One, as a frequent visitor to New York CITY, and the other, about my home in the small, quaint village of Red Hook, which is in northern Dutchess County, and has more pumpkins than people.
1) If the people are as mean as rumored.
Red Hook: Nicest, most polite folks. I never lock my doors.
NYC: Efficiency is politeness. Therefore, shoving, pushing people out of your way, is a very subtle but important way of saying “I love you.” Because everyone is trying to get somewhere. Let’s not beat around the bush.
So if you come from some place that is all about “no, you first, no but I insist” whereby NOTHING ever gets
done, then NYC would seem like a rude place. But being inefficient is, actually, extremely rude.
2) If people are full of themselves because they live in such a famous state.
Red Hook: no comment.
NYC: No more arrogant than people from LA, who always grimace when I tell them I was born and raised in
Utah.
3) If the food is really great
Red Hook: A very nice Chinese place, and the IGA sometimes has 2 for 1 pork chops.
NYC: Absolutely. In LA you get great pacific rim and Armenian/Persian cuisine, but not much from Europe. I
know of only 1 Hungarian restaurant in LA, no Portugese or Polish, whereas in NYC you can eat a lot of
Russian, Polish, Romanian food, plus noodle for noodle great Asian food as well. But, NO MEXICAN FOOD.
It SUCKS in NYC and I really miss El Pollo Loco.
4) If everyone is pretty much an angry Knicks/Yankees/Mets fan
Red Hook: Yes.
NYC: Yes. Don’t wear a Red Sox cap in the Bronx after 6pm
5) And what to do if you get mugged in New York.
Red Hook: Say “cut it out Dave, your mother does my hair for crying out loud.”
NYC: No idea.
you are right about the diversity jurisdiction and lack of federal question jursidiction.
supplemental jursidiction only arises when there is a joinder of parties. Betty doesnt need supplemental jurisdiction in this case