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Remand Jurisdiction Federal Court Litigation

Bradley Arant Boult Cummings LLP

Amending Away Federal Jurisdiction: Supreme Court Holds That Federal Jurisdiction Can Be Divested by Amendment

Federal courts can adjudicate state-law claims arising out of the same facts as federal-law claims under 28 U.S.C. § 1367, but what happens if, after removal, the plaintiff amends her complaint to remove the federal questions...more

Fox Rothschild LLP

Appellate Courts and Messy Kitchens

Fox Rothschild LLP on

Ever had to explain to a client why a sweet win in the lower courts doesn’t necessarily mean that it’s time to dig in and eat? In City of Martinsville, VA v. Express Scripts, a Fourth Circuit majority opinion used a...more

Snell & Wilmer

United States Supreme Court Unanimously Holds That an Amended Complaint Can Deprive Federal Courts of Jurisdiction

Snell & Wilmer on

The Supreme Court ruled on January 15, 2025, that if a plaintiff amends a complaint to remove federal claims after a case has been removed to federal court, the federal court loses its jurisdiction over the remaining...more

Carr Maloney P.C.

Supreme Court Announces Bright Line Rule in Determining Federal Courts’ Subject-Matter Jurisdiction

Carr Maloney P.C. on

On January 15, 2025, the Supreme Court of the United States in Royal Canin U.S.A., Inc., et al. v. Wullschleger et al., upheld the Eighth Circuit’s decision, holding that when a plaintiff amends their complaint and deletes...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Royal Canin U.S.A., Inc. v. Wullschleger

On January 15, 2025, the Supreme Court of the United States issued a unanimous decision in Royal Canin U.S.A., Inc. v. Wullschleger, No. 23–677, holding that when a case alleging both state and federal claims is removed to...more

A&O Shearman

Jurisdictional challenges to enjoining or staying international arbitrations in US courts

A&O Shearman on

The U.S. District Court for the District of Delawares recent decision in Landbridge Port Services (Hong Kong) Ltd. v. Notarc Port Investment LLC further deepens the split among U.S. federal courts regarding jurisdiction under...more

Butler Snow LLP

Supreme Court’s Grant of Certiorari Could Signal Change in Scope of Review for Remand Orders to State Courts

Butler Snow LLP on

The removal of a state court action to federal court is often conceptualized in the context of 28 U.S.C. § 1441, where, but for the plaintiff’s choice of venue, the matter could have been filed in federal court pursuant to...more

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