Tag Archives: removal
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SCOTUS Opinion: Court Expands Appellate Review For Remand Orders
Normally, after a case is removed to federal court, a decision of the district court to remand the case back to the state court is not reviewable on appeal. However, under 28 U.S.C. sec. 1447(d), appellate review is available where the case for removal is based on the involvement of a federal officer (sec. 1442) or concerns civil rights (sec ... Read More
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SCOTUS Opinion: Court Enforces Removal Jurisdiction In Vacating Orders Against The Catholic Church
The case of Roman Catholic Archdiocese of San Yuan, Puerto Rico v. Feliciano concerned complaints filed by employees of Catholic schools in Puerto Rico alleging wrongful termination of their pension plan. Initially, the Puerto Rico trial court determined that the Roman Catholic and Apostolic Church in Puerto Rico was the proper entity that owed obligations to the plan, and ... Read More
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SCOTUS Opinion: Third-Party Counterclaim Defendants Cannot Remove State Cases To Federal Courts
In Home Depot U.S.A., Inc. v. Jackson, Citibank filed a state debt-collection action against George Jackson for charges on his Home Depot card. Jackson counterclaimed against Citibank and filed third-party class-action counterclaims against Home Depot and another company, alleging a scheme in which those companies induced consumers to buy water treatment systems at inflated prices. Citibank dismissed its claims ... Read More