SPR - April Extra 2001 Headlines & Topics


April Extra 2001

Overview of topics...

Lead Note:

DEMANDING JURY IN CASE REMOVED TO FEDERAL COURT--
Different Ways of Demanding Jury in State Courts Can Generate Inadvertent Waivers of Trial by Jury in Removed Actions

Attorneys' Fees:

Attorneys' Fees Allowed Only If Remand Granted, Not If Remand Denied

Enforcement of Judgments:

To Reach Fraudulently Transferred Assets, Independent Basis of Jurisdiction Not Necessary

Procedure:

On Reopening Case Against Evasive Defendant, Court Reviews Rule 60(b) on Vacating Judgments
Serving Defendant in Foreign Country by Court Order Without Prior Resort to Other Methods
Disclosure Changes
Substituted Methods for Subpoena Service?

Federal "Arbitration" Jurisdiction:

Alleging That Arbitrators Made Award in "Manifest Disregard" of Federal Law Gives Review Jurisdiction to Federal Court

ARTICLE HEADLINES

FEATURE ARTICLE:
DEMANDING JURY IN CASE REMOVED TO FEDERAL COURT--
Different Ways of Demanding Jury in State Courts Can Generate Inadvertent Waivers of Trial by Jury in Removed Actions

ATTORNEYS' FEES

ATTORNEYS' FEES ON REMAND MOTIONS:
Second Circuit Allows Attorneys' Fees Only If Remand Granted, Not If Remand Denied

ENFORCEMENT OF JUDGMENTS:
To Reach Fraudulently Transferred Assets, Independent Basis of Federal Jurisdiction Not Needed; "Ancillary" Jurisdiction Serves

PROCEDURE

DISMISSAL VACATED UNDER RULE 60(b):
Dismissal Made Because of Non-Service on Defendant Is Vacated After Plaintiff Finally Finds and Serves Him

SERVICE IN FOREIGN COUNTRY:
Plaintiff Can Ask Court To Devise Method to Serve Defendant in Foreign Country Without Prior Resort to Other Methods

DISCLOSURE CHANGES:
The December 2000 Changes in Federal Disclosure

FEDERAL SUBPOENA SERVICE:
Continuing Conflict on Whether Personal Delivery Is the Only Method Permissible for Service of a Federal Subpoena

FEDERAL "ARBITRATION" JURISDICTION:
Alleging That Arbitrators Made Award in "Manifest Disregard" of Federal Law Gives Review Jurisdiction to Federal Court