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Article III Remand Federal Jurisdiction

McGlinchey Stafford

SCOTUS: Case Removed on Federal Question Grounds Must Be Remanded if Federal Claim Is Dismissed

McGlinchey Stafford on

In a seminal opinion, the United States Supreme Court held that a case removed on federal question grounds is properly remanded when the plaintiff amends his or her complaint and dismisses the federal claims. What is the...more

Benesch

Be Careful What You Wish For: Lack of Article III Standing Comes Back to Bite TCPA Defendants

Benesch on

Defense arguments about a plaintiff’s lack of standing in federal court can come back to bite them, as shown by the Southern District of Florida’s recent decision in Guerra v. Newport Beach Auto. Grp. LLC, No. 21-20568, 2021...more

Womble Bond Dickinson

The Trend Continues: Court Denies Pro Se Plaintiff’s Motion to Remand TCPA Case Based on Lack of Article III Standing

Womble Bond Dickinson on

As the Baron reported last month, we’ve seen a recent trend in which plaintiffs have been using their own lack of Article III standing as a means to avoid federal jurisdiction. Yet again, we have another culprit… this time, a...more

Womble Bond Dickinson

Tracking the Trend: Court Holds Defendants Not Required to Allege Plaintiff’s Article III Standing in Removing TCPA Case From...

Womble Bond Dickinson on

We’re closely tracking the recent trend involving plaintiffs’ use of their lack of Article III standing as a basis to avoid federal jurisdiction. Last week we reported on a case in the Northern District of California that was...more

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