The February 2015 Bar Exam: Federal Civil Procedure Question Analysis

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Bar Professors has discussed Federal Civil Procedure with many students and we have decided to do something new. We are going to post some Federal Civil Procedure questions here, a few times a week, on this blog. Once you have digested the question, please go to our facebook page, https://www.facebook.com/BarProfessors, and find the answer explanation. Here is the next question:

Amy, a purchaser of an energy drink, filed a class action in federal court in Indiana, Amy’s home state, against ABC Company (an Indiana corporation with its principal place of business in Indiana), the manufacturer of the energy drink. Amy’s complaint alleges that the energy drink actually has no energy benefits and alleges breach of implied warranty claims against ABC Company. The complaint seeks recovery of the amount that Amy and each class member paid for the energy drinks. The complaint describes the class as all citizens and legal residents of the United States who have purchased an energy drink from ABC Company from January 1, 2012 to December 31, 2013. Approximately 60,000 class members each paid $100 for the energy drink, which was sold in Indiana, New York, Florida and Texas. There are about 15,000 class members in each of the four states. Amy’s individual claim is for $225 in out-of-pocket expenses. Does the federal court have jurisdiction over this class action?

A. No. Amy is the class representative and she is from the same state as the defendant.
B. Yes. There is sufficient minimal diversity, there are more than one hundred class members, and the amount in controversy exceeds $5 million.
C. Yes. The court has supplemental jurisdiction over the class members’ claims because they share a common nucleus of operative fact with Amy’s claim.
D. No. The court does not have supplemental jurisdiction over the class members’ claims because the class members have different damages.

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