Civil Procedure
Class 32: Removal, Personal
Jurisdiction II
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Removal Personal Jurisdiction - Civil Procedure - Lecture Slides, Slides of Civil procedure
These are the lecture slides of Civil Procedure. Key important points are: Removal Personal Jurisdiction, Tolling Provision, Reason, Constitutional, Policy Justification, Diversity Cases, Federal Question Cases, Removal Juridcition, Purely Statutory, Federal Removal Statutes
Typology: Slides
2012/2013
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Civil Procedure
Class 32: Removal, Personal Jurisdiction II
28 U.S.C. sect. 1367(d)
- This is a tolling provision
- What is its effect?
- What is the reason for this tolling provision?
- Is it constitutional?
REMOVAL JURISDICTION
- What is removal?
- What is the policy justification for removal
- a. For diversity cases?
- b. For federal question cases?
LEGAL SOURCES FOR
REMOVAL JURIDCITION
• NOT IN U.S. CONSTITUTION
- So, removal is purely statutory.
- There have been federal removal statutes since 1789.
WHEN IS A CASE
REMOVABLE?
- There must be original subject-matter jurisdiction in federal court
- Basic rules of federal question and diversity/alienage apply
- Well-pleaded complaint rule applies
- Artful pleading rule
WHAT IF FEDERAL COURT HAS
EXCLUSIVE JURISDICTION?
- P brings action in state court
- Can D remove?
- See 28 U.S.C. section 1441(e)
WHERE IS CASE REMOVED
TO?
- What court(s) may hear a claim that is removed?
- What is the applicable statutory provision determining this?
CHALLENGING REMOVAL
- How does a plaintiff challenge removal?
- Can a plaintiff waive her right to challenge removal?
- Are there any applicable time limits? If so what?
Personal Jurisdiction: A Review
Hypo
- Keanu is a citizen of Hawaii who travels to New York City on business. While here, he steps off the curb into the path of a taxi driven by Moe, a lifetime citizen of New York state. Keanu receives medical treatment in New York, returns to Hawaii and files suit against Moe there. Moe does no business in Hawaii, owns no property there, and has never visited the state.
- Can a Hawaii state court entertain this case?
- Can a Hawaii federal court entertain this case?
COLLATERAL ATTACK
- Can Moe take no part in the Hawaii proceedings and successfully resist enforcement of the Hawaii judgment in New York?
The Accident (1977)
- 1976 Audi 100 LS