"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.
Publication Name: New York University Law Review
Subject: Law
ISSN: 0028-7881
Year: 1992
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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.
Publication Name: New York University Law Review
Subject: Law
ISSN: 0028-7881
Year: 1997
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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.
Publication Name: New York University Law Review
Subject: Law
ISSN: 0028-7881
Year: 1997
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- Abstracts: Recognition and enforcement of state contract awards in the United States: a restatement. The ILC's draft articles on state responsibility: toward completion of a second reading
- Abstracts: Survey of non-ALJ hearing programs in the federal government. Negotiating for knowledge: administrative responses to congressional demands for information
- Abstracts: Retirement plan benefits: what are the spouse's options? Drafting to achieve maximum flexibility in the estate plan
- Abstracts: Far-reaching changes: the future expansion of personal jurisdiction over foreign defendants under the Federal Rules of Bankruptcy Procedure
- Abstracts: Implied causes of action under federal statutes: the Air Carriers Access Act of 1986. Precedents construing statutes administered by federal agencies after the Chevron decision: what gives?