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March Extra 2001
 
Overview of topics...

Lead Note:

SUPPLEMENTAL "PERSONAL" JURISDICTION IN FEDERAL COURTS:
Extraterritorial Service Available Against Defendant on One Claim May Also Be Used Against It on Another

Original Jurisdiction and Venue:

 

  • Florida Defendant Sued by Cayman Plaintiff Is Stuck with New York Forum Agreed to in Contract
  • Contrasting Venue and Forum Non Conveniens Rules in Federal and New York State Courts
  • Can State Court Entertain Admiralty Case?

Removal Cases:

 

  • "Derivative Jurisdiction" Doctrine Requires Court with Exclusive Jurisdiction to Dismiss for No Jurisdiction
  • "Fraudulent Joinder" Doctrine Once Again Fails as Case Gets Remanded to State Court
  • "Supplemental Jurisdiction" Doctrine Can't, Through Removal, Sneak in Claim That Original Jurisdiction Wouldn't Support
  • State Court TRO Keeps Effect In Removed Case, But With Federal Rule 65 Procedure Now Taking Over

 ARTICLE HEADLINES

FEATURE ARTICLE:
SUPPLEMENTAL "PERSONAL" JURISDICTION IN FEDERAL COURTS:
Extraterritorial Service Available Against Defendant on One Claim May Also Be Used Against It on Another


ORIGINAL JURISDICTION AND VENUE:

FORUM SELECTION CLAUSE:
Florida Defendant Sued by Cayman Plaintiff Is Bound to New York Forum Agreed to by Contract

VENUE AND TRANSFER CONTRAS:
In Federal Court, Improper Venue Can Dismiss; In a New York Court, It Merely Transfers; Just the Opposite Occurs with the Conveniens Doctrine

 
ADMIRALTY AND MARITIME CASES:
Can They Be Brought in State Court?

REMOVAL CASES:

DERIVATIVE JURISDICTION DOCTRINE:
Federal Court with Exclusive Jurisdiction of Claim Gets No Jurisdiction Upon Removal If State Court Had No Jurisdiction

FRAUDULENT JOINDER DOCTRINE:
Defendants Fail to Show (They Usually Do) That Plaintiff Joined Given Defendant Just to Defeat Diversity Jurisdiction, So Case Goes Back to State Court

 
SUPPLEMENTAL JURISDICTION:
Party Can't, Through Attempted Removal from State Court, Use "Supplemental" Jurisdiction as Source of Original Jurisdiction

EFFECT OF REMOVAL ON TRO:
TRO in State Court Remains in Effect In Removed Case, But With Federal Rule 65 Procedure Now Taking Over

         
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