Section 1332 - Diversity of citizenship; amount in controversy; costs
28 U.S.C. § 1332 Cited 113,606 times 572 Legal AnalysesHolding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"
Section 1331 - Federal question
28 U.S.C. § 1331 Cited 99,236 times 136 Legal AnalysesFinding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 71,368 times 127 Legal AnalysesHolding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
Section 1367 - Supplemental jurisdiction
28 U.S.C. § 1367 Cited 63,426 times 78 Legal AnalysesHolding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"
Section 1391 - Venue generally
28 U.S.C. § 1391 Cited 28,500 times 199 Legal AnalysesFinding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred
Section 1125 - False designations of origin, false descriptions, and dilution forbidden
15 U.S.C. § 1125 Cited 15,533 times 324 Legal AnalysesHolding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"
Section 101 - Definitions
17 U.S.C. § 101 Cited 6,452 times 175 Legal AnalysesRecognizing the United States' adherence to provisions of the Berne Convention of 1886
Section 1338 - Patents, plant variety protection, copyrights, mask works, designs, trademarks, and unfair competition
28 U.S.C. § 1338 Cited 5,467 times 71 Legal AnalysesGranting exclusive jurisdiction to the district courts "of any civil action arising under any Act of Congress relating to patents, . . . copyrights and trademarks"
Section 1117 - Recovery for violation of rights
15 U.S.C. § 1117 Cited 5,012 times 149 Legal AnalysesGranting district courts significant discretion to award damages for a violation of § 1125
Section 106 - Exclusive rights in copyrighted works
17 U.S.C. § 106 Cited 3,830 times 108 Legal AnalysesGranting the owners of copyrights in “literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works” the exclusive right “to display the copyrighted work publicly”