Friday, March 2, 2007

In case you missed it

This week:

  • Cert. Denied in Blackwater Security Consulting v. Nordan.  There, the question presented was whether a federal district court that lacks subject-matter matter jurisdiction over a removed action must dismiss rather than remand the action when the state court also lacks jurisdiction.    Link to the Cert. petition at SCOTUSBLOG.
  • Petitioner's Merits Brief filed in Watson v. Philip Morris.  The Eighth Circuit's decision is available here.  The question presented is "whether a private actor doing no more than complying with federal regulation is a "person acting under" a federal officer" for purposes of the federal-officer removal statute.  A summary of the case is available here.  The citation to the brief is 2007 WL 579304.
  • Prof. Benjamin Spencer reports on two CAFA cases at the Federal Civil Practice Bulletin.  His coverage of the first case, involving interlocutory appeals of CAFA remand denials, can be found here.  His coverage of the second case, involving the home-state exception to CAFA, can be found here.
  • The Eastern District of Louisiana ruled on an exam-question-worthy remand motion, which involved improper procedural joinder, supplemental jurisdiction, federal-question jurisdiction, and an amount-in-controversy dispute. The citation to the case, Accardo v. Lafayette Insurance Company, is 2007 WL 325368. (Note, this ruling did not occur this week, but I just located it.)


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