00:00 - 00:03 | So, on Wasserman's exam, the Florida Plaintiff Disney World is suing for breach of contract. |
00:04 - 00:05 | The Defendants are |
00:05 - 00:07 | the German Lederhosen Company from Berlin |
00:08 - 00:12 | and Hans, the Lederhosen tailor. |
00:12 - 00:15 | Defendants failed to deliver 10,000 Lederhosen totaling $100,000. |
00:17 - 00:19 | Right, so there is complete diversity under §1332(a)(2) |
00:19 - 00:21 | because one party is from a foreign state and the suit exceeds $75,000. |
00:24 - 00:26 | My Fuhrer, |
00:27 - 00:28 | Hans... |
00:31 - 00:33 | Hans is also from Florida. If Hans and Disney |
00:34 - 00:36 | are both from Florida, there cannot be complete diversity. |
00:53 - 00:58 | Everyone who did not understand the hypo, leave the room... Palmer, Renfer, and Pomares stay. |
01:13 - 01:15 | YOU GUYS WERE IN MY STUDY GROUP!!! |
01:15 - 01:17 | Didn't we all agree that there is complete diversity |
01:18 - 01:23 | when one party from each side of the "v." is from a different state? |
01:25 - 01:28 | Hans is not even from Florida! |
01:29 - 01:31 | He grew up in New York! His parents are from New York! |
01:31 - 01:34 | He got married in New York! |
01:34 - 01:37 | Who cares that he has a Florida driver's license, voter's registration, |
01:37 - 01:40 | and a true, fixed, permanent home in Florida with the intent to return there? |
01:40 - 01:42 | But that means his domicile is in Florida, and he cancels out the opposing Floridian. |
01:42 - 01:46 | Why does Hans even matter if Lederhosen is a foreign company? |
01:46 - 01:48 | My Fuhrer, Mas v. Perry tells us that we have to look at the citizenship of every party. |
01:48 - 01:52 | So, officer, are you really suggesting that for diversity jurisdiction to exist, there has to be |
01:53 - 01:54 | a provision from §1332(a) |
01:56 - 01:57 | that covers all the parties in the case? |
01:57 - 02:00 | What about the local bias? |
02:00 - 02:03 | The German company will be disfavored! |
02:04 - 02:08 | Only federal judges |
02:08 - 02:13 | have the respect, and the expertise |
02:14 - 02:16 | to adjudicate this matter! |
02:17 - 02:21 | State court judges will be less inclined to judge fairly |
02:27 - 02:29 | because they don't have a guaranteed salary, |
02:30 - 02:34 | or life tenure. |
02:34 - 02:36 | They don't even have a national outlook or perspective |
02:41 - 02:42 | because they are a creature of the state government! |
02:43 - 02:47 | State judges will get caught up in local prejudices. |
02:48 - 02:53 | Everyone assumes that the Floridians cancel each other out! |
02:54 - 02:56 | But it's not about bias in favor of the local. |
02:56 - 02:59 | What if it's about |
03:00 - 03:02 | "getting" the outsider? |
03:04 - 03:07 | It's okay. He helped the curve. |
03:14 - 03:16 | I guess the courts |
03:19 - 03:23 | have accepted the cancelling-out rationale for complete diversity purposes. |
03:25 - 03:26 | As for me, |
03:31 - 03:33 | I wish I would |
03:40 - 03:46 | have checked the blog more. |
03:46 - 03:49 | Maybe this hypo |
03:53 - 03:56 | would have made more sense then. |