|
FEATURE ARTICLE:
WHEN DOES 30-DAY PERIOD TO REMOVE ACTION
TO FEDERAL COURT START WHEN MERE "DEFAULT NOTICE" —
CPLR 305(b) — IS USED INSTEAD OF COMPLAINT TO COMMENCE N.Y. ACTION?
 Federal
Practice:
ANALOGOUS REMOVAL
PROBLEM
When Does 30-Day Period Start in Diversity Case When State
Procedure Doesn't Require Allegation of Amount Sought?
|
|
SUPPLEMENTAL JURISDICTION
"ANCILLARY" JURISDICTION
MAY BE OKAY EVEN FOR MERELY "PERMISSIVE" COUNTERCLAIMS
UNDER THE "SUPPLEMENTAL
JURISDICTION" STATUTE, 28 U.S.C.A. § 1367
JURISDICTIONAL AMOUNT
Even If It's Clear That an Incontestable Defense Would Reduce
Plaintiff's Claim to Less Than the Requisite $75,000, Court Can't
Dismiss; It Must Entertain the Case
|
|
OTHER ACTION PENDING
What Federal Counterpart Is There to New York Rule Allowing
Dismissal in Deference to Another Court's Parallel Action?
NOTE TO FEDERAL PRACTITIONERS: The American Law
Institute's recently published Federal Judicial Code Revision Project
(2004) is a thorough and scholarly treatment, including proposed
corrective legislation, of three major federal areas: supplemental
jurisdiction, venue and transfer, and removal. Lawyers will find
it an instructive and current review of those subjects.
|
