Abstracts » Law

Forum selection; the abstention battle

Article Abstract:

Techniques for the transfer of cause right before trial are discussed. These may include filing a competing suit, raising exclusive federal jurisdiction. Cases from different federal circuits using these techniques are discussed.

Cases, Transfer of cause, Federal jurisdiction

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Forum selection; preclusion priorities

Article Abstract:

The Supreme Court's ruling on the preclusion doctrine in the Semtek case, and its deciding that California's claim-preclusion rules applied to the case, even though federal law governed the preclusive effect of federal court judgments , is discussed.

Federal courts, Limitation of actions, Statute of limitations, Diversity jurisdiction

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Forum selection; removal strategies

Article Abstract:

USC 1441(c) permits the removal of a case if a defendant with a removable claim "separate and independent" from a nonremovable claim insists, and case law suggests that the importance of this USC section in the forum selection battle is increasing. This is possible because the courts seem to be loosening the restrictive Finn test now that 1441(c) can be used only in cases relying on USC 1331 federal question jurisdiction.

Personal jurisdiction, Removal of causes

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