Law School Toolbox Podcast Episode 332: Listen and Learn -- Removal (Civ Pro)
Bar Exam Toolbox Podcast Episode 163: Listen and Learn -- Removal (Civ Pro)
NGE On Demand: The (Dilatory) Forum Defendant Rule and Snap Removal with Nick Graber
Law School Toolbox Podcast Episode 292: Listen and Learn -- The Erie Doctrine (Civ Pro)
Bar Exam Toolbox Podcast Episode 126: Listen and Learn -- The Erie Doctrine
Ascension Data & Analytics LLC terminated its contract with Pairprep Inc. for data extraction services after an alleged data breach involving Pairprep’s servers and Pairprep’s alleged “failure to extract reliable data.”...more
To exercise valid jurisdiction over any claim, a federal court must have both personal jurisdiction and subject matter jurisdiction. Subject matter jurisdiction can be based on diversity of citizenship, the presence of a...more
Many defendants prefer federal court to state court. Accordingly, when sued in state court, they will remove whenever possible. This bulletin addresses a wrinkle in the law about when removal is possible....more
In a lawsuit between parties located in different states, a plaintiff sometimes try to keep the case in the state court by being cagey about defining their damages to prevent the defendant from removing the case to federal...more
Welcome to the inaugural edition of Classified Monthly: A Roundup of Class Action Decisions from Federal Appellate Courts. The Roundup normally will arrive in your inbox the first week of each month and will cover the...more
For trust and estate litigators, the federal court experience invariably begins – and sometimes ends — with an analysis of the probate exception to federal diversity jurisdiction. Two recent Southern District cases examine...more
A recent EDVA decision reinforced the point that removal to federal court must be based on the existence of either federal question or diversity jurisdiction, but not supplemental jurisdiction....more
The Class Action Fairness Act (“CAFA”), was enacted to make federal courts the primary venue for class action litigation. It did so by modifying the usual jurisdictional requirements of the diversity jurisdiction statute...more
Exactly where a court’s jurisdiction begins and ends is a question that has long irked our judicial system. One muddle is the extent to which federal courts, as opposed to state courts, can decide disputes involving a...more
The Johnny Depp-Amber Heard trial captured the world’s attention in 2022. Two years after the couple divorced, Heard described surviving domestic violence in an op-ed for The Washington Post. Although Heard never mentioned...more
In an apparent case of first impression, the U.S. Court of Appeals for the Fourth Circuit held that the fact that the district court may be foreclosed by governmental immunity from ordering relief prevents the federal court...more
In a recent precedential opinion authored by Circuit Judge Patty Shwartz, Dirauf v. Berger (3d Cir. Dec. 28, 2022), a panel of the United States Court of Appeals for the Third Circuit clarified when it has jurisdiction to...more
The Fifth Circuit’s recent decision in Guijarro v. Enterprise Holdings, Inc., No. 21-40512, 2022 WL 2433778 (5th Cir. July 5, 2022), provides solid foundational arguments on issues pertinent in most product-liability cases....more
Court: United States District Court for the Western District of Washington Plaintiff Jeffrey Cockrum alleged exposure to asbestos from his work as a laborer and laboratory technician at Alcoa Wenatchee Works, an aluminum...more
The Fifth Circuit Court of Appeals recently addressed so-called “Snap Removals” in the case of In re Levy, 52 F.4th 244, 245 (5th Cir. 2022). In Levy, the plaintiff, Calvin Levy, petitioned the Fifth Circuit for a writ of...more
Jurisdiction always matters. Of course, litigants and the courts tend to focus on the merits. After all, the merits, not rote jurisdictional analyses, are what a lawsuit is all about. But parties cannot ignore basic...more
A federal court in Florida dismissed an action by franchisees against their franchisor for lack of subject-matter jurisdiction. The franchisees asserted claims under California and Florida laws alleging the franchisor, OR...more
Generally, a case is not removable to federal court “more than one year after commencement of [an] action.” However, a defendant may remove a case to federal court after the one-year deadline if it can demonstrate the...more
The California Court of Appeal, Second Appellate District, issued a decision on August 1 holding that websites without any connection to physical place of business are not “places of public accommodation” under Title III of...more
United States District Court for the Eastern District of Wisconsin , July 13, 2022 - Plaintiffs Trisha and David Babler filed a lawsuit to recover damages Trisha allegedly sustained as a result of “take-home” asbestos...more
A proposed amendment to Federal Rule of Civil Procedure 7.1, which had previously required information so judges could determine if they had a conflict of interest, would require a party in a diversity action to name and...more
In response to the COVID-19 pandemic, many states enacted, by executive order or otherwise, rules that have created both legal and procedural hurdles to a lender's ability to exercise its contractual rights, including the...more
We all know that federal courts are courts of limited jurisdiction. What does that mean in the arbitration context? Something new as of March 31st! Federal courts do not have stand-alone jurisdiction to hear any...more
In a highly anticipated decision delivered on March 14, 2022, the Colorado Supreme Court rejected a policyholder's attempt to hold an insurance director personally liable under sections 10-3-1115 to -1116, C.R.S. (2021) for...more