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Federal Jurisdiction Based on Removal: A 50-State Survey |
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| A First Chair Press Publication |
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Product Availability: This product is currently out of stock, but can be placed on backorder.
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It has long been recognized that "there is no other phase of American jurisprudence with so many refinements and subtleties as removal and remand." Familiarity with the timing, grounds, and procedural steps of removal is essential, as a party's failure to follow the appropriate procedures may have long-standing effects.
This survey, which covers all 50 states and is organized alphabetically by circuit, will assist the practitioner in navigating successfully between state and federal courts. A solid understanding of removal and remand is based on the timing, grounds and procedural steps of removal. If the substantive requirements for removal are not satisfied, or the procedural rules are not met, a party can readily find its case being tried in a different forum and before a different judge than originally anticipated. This survey highlights not only the fundamental concepts of removal jurisdiction, but also discusses nuances that are unique to particular jurisdictions.
Important considerations come into play in determining the "parties in interest" and the "amount in controversy." For example, what happens when the Complaint asserts claims against a "Doe" defendant or does not seek money damages or damages in a specific dollar amount? How is removal handled for a class-action case? This survey addresses each of these issues and related sub-issues in detail.
A Report of the Pharmaceutical Subcommittee of the Products Liability Committee -- Section of Litigation
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