If Samuel sues Terrance and Kirk for intentional infliction of emotional distress (a state tort claim) in federal court. Samuel is a citizen of Washington State; Terrance is a citizen of Oregon and Kirk is a citizen of Oregon. Samuel alleges $75,000 in damages. Terrance moves for dismissal due to lack of subject matter jurisdiction.
What is the result?
In this situation, it would appear there is a lack of subject matter jurisdiction.
There are two main ways that federal court could have subject matter jurisdiction: federal question jurisdiction or diversity jurisdiction. Neither applies ...
An explanation of when federal courts have federal subject matter jurisdiction