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?
|