Keane v. Keane, 549 F. App'x 54

Plaintiff-appellant Nitza Keane (pro se) sued her former husband, Frank M. Keane, alleging fraud.
The action was filed in the U.S. District Court for the Southern District of New York before a magistrate judge.
The magistrate judge dismissed the complaint for lack of subject-matter jurisdiction under the domestic relations exception.
Keane appealed the dismissal to the Second Circuit.
The Second Circuit reviewed jurisdictional dismissal de novo (factual findings for clear error) and affirmed the magistrate judge’s judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the federal court had subject-matter jurisdiction over fraud claims arising from a matrimonial relationship	Keane argued federal court could adjudicate her fraud claim against her ex-husband	Keane (defendant below) argued the domestic relations exception barred federal jurisdiction because claims arose from domestic/marital matters	Court held dismissal was proper under the domestic relations exception; affirmed lack of federal jurisdiction
Whether the court should abstain because issues were matrimonial or on verge of being matrimonial	Keane argued federal forum appropriate for fraud claim	Defendant argued federal court should abstain and leave matters to state courts	Court agreed courts should abstain/exclude federal jurisdiction for matrimonial or near-matrimonial disputes; affirmed magistrate judge’s reasoning

Maloney v. Soc. Sec. Admin., 517 F.3d 70 (2d Cir.) (standard of review for jurisdictional dismissal)
Makarova v. United States, 201 F.3d 110 (2d Cir.) (dismissal proper when court lacks statutory or constitutional power)
Ankenbrandt v. Richards, 504 U.S. 689 (U.S.) (domestic relations exception covers divorce, alimony, child custody; may extend to related domestic issues)
Am. Airlines, Inc. v. Block, 905 F.2d 12 (2d Cir.) (federal courts should abstain when issues are matrimonial or verge on matrimonial matters)