"Adrift on an uncharted sea": a survey of section 1404(a) transfer in the federal system

Article Abstract:

Transfer of federal venue under USC section 1404(a) should usually rest with the plaintiff. District judges are giving too much power to defendants to change venues and so frustrate the plaintiff's right to choose a legal forum. Change of venue should only be resorted to for correction of inconvenience, otherwise problems of unpredictability and greater procedural power for the defense result. Transfer problems have been exacerbated by the 1990 Judicial Improvements Act, and Congress should pass new laws to correct the situation.

Venue, Venues (Law)

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Understanding preemption removal under ERISA s. 502

Article Abstract:

Preemption removal, an exception to the well-pleaded complaint rule, is justifiable under ERISA. Relief granted under state law could affect others in the same benefit plan, ultimately leading to cutbacks in such plans. Incorrect state decisions and huge judgments could be harmful, so ERISA-based preemption removal may be a safeguard against these excesses. However, the extension of preemption removal should be handled cautiously and may require Congressional involvement.

Removal of causes, Jurisdiction, Exclusive and concurrent legislative powers, Preemption (Legislative power)

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Ex parte Young after Seminole Tribe

Article Abstract:

The Seminole Tribe case ruling will not invalidate the 1908 Ex parte Young doctrine on sovereign immunity, federal jurisdiction, and constitutional rights. The Seminole Tribe decision fits with accepted federal law on equitable remedies and its possible preclusion of the earlier case is not problematic. Given that Congress could abolish Ex parte Young if it chose to do so, Seminole Tribe's effect on other cases will be negligible.

Interpretation and construction, Cases, Government liability, Gambling, Constitutional law, Constitutional interpretation, Seminoles

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