Forum selection; case removal

Article Abstract:

Removal in federal cases is covered in 28 USC 1441(a) and allows the defendant to removal an action properly brought by the plaintiff in a state court to federal district court. The original purpose of removal was to ensure that the court with better knowledge of federal law would decide a case, and it has become an increasingly vital aspect of federal jurisdiction. In the 1990s, approximately 12% of cases pending in federal court have been removed from state court. Four Supreme Court cases on the subject decided in the 1996-97 and 1997-98 terms are covered.

Removal of causes

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A federal question?

Article Abstract:

What determines federal question under 28 USC 1331 and the case law on the matter is discussed. The US Supreme Court held this not to arise when the violation of a federal rule of law does not change the state court nature of an action.

United States, Political questions and judicial power

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Classwide arbitration

Article Abstract:

Federal court cases using class action lawsuits to interpret the Federal Arbitration Act are discussed .In contrast to the 7th Circuit, California appellate and state courts have strongly favored classwide arbitration.

Legal issues & crime, Government regulation (cont), Government regulation, Legal/Government Regulation, Class actions (Civil procedure), Class action lawsuits, Dispute resolution (Law)

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