Question

Wax an Illinois resident, files a lawsuit against Fitzsimmons in Illinois state court. Fitzsimmons is a resident of Florida but owns property in Illinois. The amount in controversy is $80,000. Could Fitzsimmons remove this case to federal court? Is so how?

Bill & Pat have a dispute over a boat they own in Chicago. Bill lives in Illinois. Pat lives in Florida. Bill sues Pat over rent due on the slip they rent at Navy Pier. Pat leaves for Florida and refuses to come to Illinois. How could the court exercise rem jurisdiction in this case?

Answer 1

In this given case, diversity jurisdiction clause can be applicable. Wax is from Illinois while Fitzsimmons is from Florida. Moreover the amount under the controversy is $80000. Under diversity jurisdiction clause, Federal court will hear the case if the involved parties in the case are from different states and the amount in controversy is more than $75000. As all conditions are getting satisfied, Fitzsimmons can move the case to Federal Court.

As Pat refuses to come to Illinois for the litigation, the Court can use Quasi in rem jurisdiction to force Pat to come for the court hearing. Quasi in rem jurisdiction happens when a court forces one of the litigant to appear or come for court hearing by attaching details of his property. Under this condition, Pat will have 2 options – to leave his property ownership or to come to the court for hearing. Hence Pat will get forced to come to the hearing.