Asante Case

Topics: Removal jurisdiction, Subject-matter jurisdiction, Jurisdiction Pages: 3 (356 words) Published: March 8, 2011
A
Question
of
Jurisdiction









  Facts
   Background


  Main
IRAC
   Plaintiff’s
arguments


  Plaintiff:
Asante
Technologies
Inc.
   Defendant:
PMC‐Sierra,
Inc.



  Defendant’s
authorized
distributor:
Unique


Technologies


  Plaintiff’s
complaint

   Plaintiff

filed
the
action
in
the
Superior
Court
   Defendant
removed
the
action
to
the
District


Court
   Plaintiff

now
requests
to
remand
the
action
 back
to
the
Superior
Court


‐>the
core
issue:
jurisdiction


  FEDERAL
QUESTION





“The
district
courts
shall
have
original
 jurisdiction
of
all
civil
actions
arising
under
 the
Constitution,
laws,
or
treaties
of
the
 United
States.”


  PROCEDURE
AFTER
REMOVAL
GENERALLY





“A
motion
to
remand
the
case
on
the
basis
of
 any
defect
other
than
lack
of
subject
matter
 jurisdiction
must
be
made
within
30
days
 after
the
filing
of
the
notice
of
removal
under
 section
1446
(a).
If
at
any
time
before
final
 judgment
it
appears
that
the
district
court
 lacks
subject
matter
jurisdiction,
the
case
 shall
be
remanded.
….”


Defendant
(Federal
Jurisdiction)
 
VS.
 Plaintiff
(lack
of
federal
court’s
subject
 matter
jurisdiction)
 ‐>
DOES
FEDERAL
COURT
HAVE
 JURISDICTION
OVER
THIS
CASE?


  Issue:
Does
federal
jurisdiction
apply
in
this


case?
   Rule:
US
code,
title
28,
section
1331
   Apply:
Federal
jurisdiction
applies
because
 CISG
is
a
treaty
which
US
has
ratified.
   Conclusion:
Yes,
CISG
does
govern
this
case.



  Issue:
Does
CISG
govern
this
case?
   Rule:
CISG
only
applies
when
a
contract
is


between
parties
whose
places
of
business
are
 in
different
states.

   Apply:
Plaintiff‐
USA
 

















Defendant‐
also
USA?
   Conclude:
No,
CISG
does
not
govern
this
case
 as
both
parties
are
from
the
same
state?




 










‐>
REJECTED


















  Issue:
Does
CISG
govern
this
case?
   Rule:
Article
6
of
the
CISG


  Apply:

“Terms
and
Conditions”
reflect
the
...
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