News & Analysis as of

Remand State Courts

Faegre Drinker Biddle & Reath LLP

Message Received – Delaware Follows Federal Rule of Evidence 702

The Delaware Superior Court took the mass tort world by surprise with its May 31, 2024, refusal to exclude the plaintiffs’ experts’ causation opinions in the Zantac litigation, breaking with the federal MDL court’s prior...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

Goldberg Segalla

Talc Manufacturer’s Removal Motion Denied Joinder; Case Remanded to State Court

Goldberg Segalla on

Jurisdiction: United States District Court for the Southern District of New York; September 18, 2023 Plaintiff Ann Greenberg’s asbestos-related lawsuit against defendants Johnson & Johnson and Kolmar Laboratories asserts...more

Mintz

Delaware's Lawsuit Against Fossil Fuel Companies is Remanded to State Court

Mintz on

The federal district court in Delaware has remanded the climate change lawsuit filed by the State of Delaware against a variety of fossil fuel companies (including the oil majors) to state court. This lawsuit is one of the...more

Goodwin

SCOTUS Grants Certiorari to Decide Whether Automatic Discovery Stay Applies to Securities Act Cases in State Court

Goodwin on

SCOTUS Grants Certiorari to Decide Whether Automatic Discovery Stay Applies to Securities Act Cases in State Court; Delaware Court of Chancery Dismisses Stockholder Suit Against FedEx for Failure to Make Pre-Litigation...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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