Forum selection; reviewing remands

Article Abstract:

A very potent new strategy for removing cases given defense attorneys by the 1990 amendments to the federal remand statute is the trial court's judicial discretion to remand matters in which state law predominates. Unanswered questions include whether the remand provision allows the removal of federal plaw claims on the theory that the claim involves matters in which state law predominates. Moralez v. Meat Cutters Local, a 1991 federal court ruling, considered this question and remanded the whole case, including the federal claim, to the state court because it found that state law predominated.

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Forum selection; federal venue rules

Article Abstract:

The article discusses amendments to USC 1391(a) made in 1966 whichh added the option, in both diversity and federal-question cases, that venue was possible "in the district in which the claim arose." The 1966 change proved to cause too much additional litigation, and in 1990, Congress cured the anomaly that there were more venue options in diversity claims than in federal question-ones. Relevant cases are mentioned.

Federal jurisdiction, Venue, Venues (Law)

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Removal traps

Article Abstract:

The statutory and case law regarding removing a case from state to federal court is discussed. Reasons courts are turning away from the "unanimity rule," the traditional way of looking at this issue, in favor of the later-served defendant / fairness approach are included.

States

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