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Common Issues and Best Practices Regarding Federal Subject Matter Jurisdiction and FRCP 12(b)(1) (Presented by The Federal Bar Association Judiciary Division’s Federal Judicial Law Clerk Committee (“FJLCC”))

2025-10-29 12:00:00

1 hours

2025-10-29 12:00:00

1 Credits

Federal subject matter jurisdiction essentials: standing, diversity, removal, remand, and abstention doctrines for law clerks and litigators.

2025-10-29 12:00:00

1 hours

Federal subject matter jurisdiction essentials: standing, diversity, removal, remand, and abstention doctrines for law clerks and litigators.

2025-10-29 12:00:00

1 hours

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

Key topics that will be covered

What will you learn

Attorneys will learn how federal courts assess subject matter jurisdiction, including standing, mootness, ripeness, diversity jurisdiction, federal question jurisdiction, removal, remand, and abstention doctrines.

What will you gain

Attorneys will gain practical guidance on avoiding jurisdictional defects that can void years of litigation work and result in case dismissal or remand.

Rule 12(b)(1)
Courts have an ongoing duty to monitor subject matter jurisdiction throughout litigation.
LLC Citizenship
You must examine the citizenship of every single member of each LLC.
Removal Deadlines
Defendants have 30 days from first notice of a removable issue to file.
Home State Rule
Defendants sued in their home state cannot remove based on diversity jurisdiction.
Remand Appeals
Remand orders in removal cases are generally not appealable under federal law.
Abstention
Courts may decline jurisdiction when pending state proceedings involve family, criminal, or regulatory matters.

What will you learn

Attorneys will learn how federal courts assess subject matter jurisdiction, including standing, mootness, ripeness, diversity jurisdiction, federal question jurisdiction, removal, remand, and abstention doctrines.

What will you gain

Attorneys will gain practical guidance on avoiding jurisdictional defects that can void years of litigation work and result in case dismissal or remand.

Agenda

Session 1

Standing, Mootness, and Ripeness Threshold Requirements

Session 2

Federal Question Jurisdiction and Rule 12(b)(1) Analysis

Session 3

Diversity Jurisdiction and LLC Citizenship Challenges

Session 4

Removal, Remand, and Abstention Doctrine Fundamentals

Session 5

Practical Resources and Audience Q&A Session

clock 12:00 pm - 12:15 pm EST

Standing, Mootness, and Ripeness Threshold Requirements

Constantine P. Economides

#NOLINE Dynamis LLP

Lou Mulligan

#NOLINE University of Missouri–Kansas City

Kim Brown Eve

Judge Paul G. Levenson

#NOLINE U.S. District Court

This session examines the foundational threshold requirements for federal jurisdiction that courts must consider at the earliest stages of litigation. Participants will explore how standing, mootness, and ripeness doctrines determine whether federal courts have the power to hear a case.

Constantine P. Economides

#NOLINE Dynamis LLP

Lou Mulligan

#NOLINE University of Missouri–Kansas City

Kim Brown Eve

Judge Paul G. Levenson

#NOLINE U.S. District Court

clock 12:15 pm - 12:25 pm EST

Federal Question Jurisdiction and Rule 12(b)(1) Analysis

Constantine P. Economides

#NOLINE Dynamis LLP

Lou Mulligan

#NOLINE University of Missouri–Kansas City

Kim Brown Eve

Judge Paul G. Levenson

#NOLINE U.S. District Court

Explore the court’s ongoing duty to monitor subject matter jurisdiction under Rule 12(b)(1), including sua sponte review and orders to show cause. This session covers screening functions for pro se filings and the consequences when federal claims fail.

Constantine P. Economides

#NOLINE Dynamis LLP

Lou Mulligan

#NOLINE University of Missouri–Kansas City

Kim Brown Eve

Judge Paul G. Levenson

#NOLINE U.S. District Court

clock 12:25 pm - 12:40 pm EST

Diversity Jurisdiction and LLC Citizenship Challenges

Constantine P. Economides

#NOLINE Dynamis LLP

Lou Mulligan

#NOLINE University of Missouri–Kansas City

Kim Brown Eve

Judge Paul G. Levenson

#NOLINE U.S. District Court

Dive into the requirements of 28 U.S.C. § 1332, including complete diversity and amount in controversy thresholds. Special attention is given to the ‘LLC trap’ where practitioners must trace citizenship through every member of unincorporated entities to avoid devastating jurisdictional defects.

Constantine P. Economides

#NOLINE Dynamis LLP

Lou Mulligan

#NOLINE University of Missouri–Kansas City

Kim Brown Eve

Judge Paul G. Levenson

#NOLINE U.S. District Court

clock 12:40 pm - 12:50 pm EST

Removal, Remand, and Abstention Doctrine Fundamentals

Constantine P. Economides

#NOLINE Dynamis LLP

Lou Mulligan

#NOLINE University of Missouri–Kansas City

Kim Brown Eve

Judge Paul G. Levenson

#NOLINE U.S. District Court

Learn the procedural requirements and critical deadlines for removal under 28 U.S.C. § 1441, including the home-state defendant rule and burden of proof considerations. This session also addresses remand procedures, attorney’s fee shifting for improper removal, and circumstances triggering abstention analysis.

Constantine P. Economides

#NOLINE Dynamis LLP

Lou Mulligan

#NOLINE University of Missouri–Kansas City

Kim Brown Eve

Judge Paul G. Levenson

#NOLINE U.S. District Court

clock 12:50 pm - 1:00 pm EST

Practical Resources and Audience Q&A Session

Constantine P. Economides

#NOLINE Dynamis LLP

Lou Mulligan

#NOLINE University of Missouri–Kansas City

Kim Brown Eve

Judge Paul G. Levenson

#NOLINE U.S. District Court

This concluding session provides key takeaways for law clerks and litigators on maintaining jurisdictional vigilance throughout litigation. Participants will receive practical guidance on corporate disclosure review, strategic forum selection, and avoiding common pitfalls that can void years of legal work.

Constantine P. Economides

#NOLINE Dynamis LLP

Lou Mulligan

#NOLINE University of Missouri–Kansas City

Kim Brown Eve

Judge Paul G. Levenson

#NOLINE U.S. District Court

01 05
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speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Constantine P. Economides

#NOLINE Dynamis LLP

Lou Mulligan

#NOLINE University of Missouri–Kansas City

Kim Brown Eve

Judge Paul G. Levenson

#NOLINE U.S. District Court

Constantine P. Economides

#NOLINE Dynamis LLP

Founding Partner with wide-ranging litigation experience, specializing in securities, crypto-asset, international, and class action litigation. He has represented litigants in some of the most notable fraud-based disputes in United States history over the past fourteen years.

Recognition & Leadership

Named a Rising Star by Super Lawyers Magazine for 2016 - 2022 in recognition of his work with securities litigation and class action litigation.

Professional Involvement

Co-founder and co-chair of the Federal Bar Association's Federal Judicial Law Clerk Committee, which provides professional opportunities for current and former federal judicial clerks.

Experience

Former judicial clerk to Judge William P. Dimitrouleas of the United States District Court for the Southern District of Florida, where he assisted in adjudicating over 100 civil cases. Previously a partner in an elite litigation boutique and worked with large national firms in New York and Florida. Represented the Securities Investor Protection Corporation as part of the team that recovered over $11 billion on behalf of Bernard Madoff's Ponzi scheme victims. Recovered funds for investors defrauded by Theranos, Inc. and Elizabeth Holmes. Currently represents clients in complex domestic and international disputes involving crypto-assets, securities, and commercial contracts. Recently became an arbitrator for FINRA.

Constantine P. Economides

#NOLINE Dynamis LLP

Founding Partner with wide-ranging litigation experience, specializing in securities, crypto-asset, international, and class action litigation. He has represented litigants in some of the most notable fraud-based disputes in United States history over the past fourteen years.

Recognition & Leadership

Named a Rising Star by Super Lawyers Magazine for 2016 - 2022 in recognition of his work with securities litigation and class action litigation.

Professional Involvement

Co-founder and co-chair of the Federal Bar Association's Federal Judicial Law Clerk Committee, which provides professional opportunities for current and former federal judicial clerks.

Experience

Former judicial clerk to Judge William P. Dimitrouleas of the United States District Court for the Southern District of Florida, where he assisted in adjudicating over 100 civil cases. Previously a partner in an elite litigation boutique and worked with large national firms in New York and Florida. Represented the Securities Investor Protection Corporation as part of the team that recovered over $11 billion on behalf of Bernard Madoff's Ponzi scheme victims. Recovered funds for investors defrauded by Theranos, Inc. and Elizabeth Holmes. Currently represents clients in complex domestic and international disputes involving crypto-assets, securities, and commercial contracts. Recently became an arbitrator for FINRA.

Lou Mulligan

#NOLINE University of Missouri–Kansas City

Dean and Professor of Law at UMKC Law, an award-winning classroom instructor and prolific scholar focusing on civil procedure. His writings have been cited more than 80 times by state and federal courts in 2022 alone.

Education & Credentials

J.D. (magna cum laude, Order of the Coif) from the University of Michigan Law School; M.A. in philosophy from the University of Colorado; B.A. with honors from the University of Kansas.

Recognition & Leadership

Awarded the 2017 Civil Procedure Article of the Year by the American Association of Law Schools. Award-winning classroom instructor.

Professional Involvement

Senior fellow at the Rodel Leadership Institute – Judicial Project; research fellow for the Council on Criminal Justice – Veterans Initiative; member of the Kansas Judicial Council - Civil Rules Advisory Committee; leader in other non-partisan organizations.

Experience

Co-founded Stowell & Mulligan, P.A.; worked as a litigation associate attorney at a large Kansas City-based law firm; served as a judicial clerk on the United States Tenth Circuit Court of Appeals. Held administrative posts including interim vice provost for faculty affairs, associate dean for faculty, and center director. Maintained a small practice representing clients in state and federal courts. Previously on faculty at University of Kansas Law School, Michigan State University College of Law, and University of Michigan School of Business.

Kim Brown Eve

Career Law Clerk.

Judge Paul G. Levenson

#NOLINE U.S. District Court

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Why Attend

Why this 
program matters

Mastering federal subject matter jurisdiction and FRCP 12(b)(1) principles prevents wasted litigation costs and protects against dismissals that void years of work.
30%
The federal diversity docket accounts for approximately 30% of the entire federal civil court caseload according to the Federal Courts Study Committee.
29+
Years since Congress last adjusted the $75,000 diversity jurisdiction amount-in-controversy threshold, which was set in 1996.
~65%
Of diversity cases involving LLCs were pleaded or removed improperly with deficient jurisdictional statements according to a Bloomberg Law study of federal filings.
160k
Diversity jurisdiction cases filed in federal district courts in 2024 (159,732), representing a 46% increase from the prior year per U.S. Courts data.

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