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October, Extra 2003
 

Overview of topics...

Lead Note:

SUPPLEMENTAL (PENDENT AND ANCILLARY) JURISDICTION —
FEDERAL TIME EXTENSION FOR ACTION IN STATE COURT AFTER FEDERAL DISMISSAL IS UPHELD AS CONSTITUTIONAL; WHAT TIME PERIOD WILL NEW YORK USE, AND WHEN DOES IT START?

Ancillary Enforcement Jurisdiction:

  • Has Federal Court Jurisdiction to Hear Claim for Indemnity Against X in Separate Action After D Is Cast in Judgment to P?

Removal from State Court:

  • Deliberately Adding and Then Dropping Nondiverse Defendant in Order to Defeat Removal to Federal Court Under One-Year Rule Doesn't Always Work
  • General Rule That All Defendants Must (and Only Defendants May) Remove Action Doesn't Apply to Bankruptcy Matters
  • When Is Defendant Deemed "Served" under Rule That Not Even Complete Diversity Case Is Removable If Any Served Defendant Is Citizen of Forum State?
  • Joining Non-Diverse Defendant Just to Defeat Removal Won't Work If There's No Basis at All for That Defendant's Liability
  • Should Plaintiff Put Demand for Trial by Jury on State Court Complaint, Just in Case of Removal?

Statute of Limitations:

  • Federal "Equitable Tolling" Doctrine That Allows Late Commencement of Action Has No New York Counterpart. Any Substitutes?

 ARTICLE HEADLINES


FEATURE ARTICLE:

SUPPLEMENTAL (PENDENT AND ANCILLARY) JURISDICTION
FEDERAL TIME EXTENSION FOR ACTION IN STATE COURT AFTER FEDERAL DISMISSAL IS UPHELD AS CONSTITUTIONAL; WHAT TIME PERIOD WILL NEW YORK USE, AND WHEN DOES IT START?


Ancillary Enforment Jurisdiction:

Has Federal Court Jurisdiction to Hear Claim for Indemnity Against X in Separate Action After D Is Cast in Judgment to P?

 


Removal to Federal Court:

ONE-YEAR LIMIT ON REMOVING DIVERSITY CASE
Deliberately Adding and Then Dropping Nondiverse Defendant in Order to Defeat Removal to Federal Court Doesn't Always Work

WHO MAY REMOVE?
General Rule That All Defendants Must (and Only Defendants May) Remove Action Doesn't Apply to Bankruptcy Matters

LIMITATION ON DIVERSITY JURISDICTION
When Is Defendant Deemed "Served" under Rule That Not Even Complete Diversity Case Is Removable If Any Served Defendant Is Citizen of Forum State?

 

 


FRAUDULENT JOINDER RULE
Joining Non-Diverse Defendant Just to Defeat Removal Won't Work If There's No Basis at All for That Defendant's Liability

PRESERVING RIGHT TO JURY TRIAL
Should Plaintiff Put a Demand for Trial by Jury on Its State Court Complaint, Just in Case of Removal?

Statute of Limitations:

"EQUITABLE TOLLING" DOCTRINE
Federal Doctrine Forgiving Late Commencement on Equitable Grounds Has No New York Counterpart. Any Substitutes?

 

         
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