Monday, October 1, 2007
In a recent draft posted on SSRN, Prof. Jeannette Cox notes that in "a sharp break from past practice, federal courts have begun to exercise
jurisdiction over cases based on jurisdictional grounds no party has invoked.
Courts adopting this practice have concluded that district courts must retain removed cases that meet the requirements of a
congressionally-authorized ground of subject matter jurisdiction even when an
arguably antecedent requirement — party invocation of that jurisdictional ground
— has not occurred." The Article, Removed Cases and Uninvoked Jurisdictional Grounds, will appear in the North Carolina Law Review. -RR