[Download] "Civil Procedure (Court's Jurisdiction in Complaint)" by Suffolk University Law Review * eBook PDF Kindle ePub Free

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eBook details

• Title: Civil Procedure (Court's Jurisdiction in Complaint)
• Author : Suffolk University Law Review
• Release Date : January 22, 2009
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 251 KB

Description

Complaint Amending Jurisdictional Basis Given Effect When Filed as a Matter of Right--ConnectU L.L.C. v. Zuckerberg, 522 F.3d 82 (1st Cir. 2008) Rule 8(a) of the Federal Rules of Civil Procedure requires a plaintiff to plead the basis for the court's jurisdiction in his or her complaint. (1) Rule 15(a) allows a plaintiff to amend his or her complaint as a matter of right, provided that the defendant has not previously served a responsive pleading. (2) In ConnectU L.L.C. v. Zuckerberg, (3) the First Circuit considered in a matter of first impression whether an amended complaint that switches from diversity of citizenship jurisdiction to federal question jurisdiction is effective when filed as of right prior to any jurisdictional challenge. (4) The court held that the jurisdictional claim in the amended complaint conferred jurisdiction because it superseded and replaced the original complaint. (5)

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