in cases removed from state to federal district court.39Rather, in line with current case law, venue in those cases is controlled by the removal statute, not the generalvenue statute.40By Jason D. HughesThomas J. O'Connor
Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each d...
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(1) A defendant who waives service of a summons does not thereby waive any objection to the venue or to the jurisdic- tion of the court over the person of the defendant. (2) An individual, corporation, or association that is subject to service under subdivision (e), (f), or (h) ...
The court systems for the United States of America comprise ninety-four separate judicial districts federally, plus the state level courts for each of the several states as well as the overseas territories. We must also consider other courts...
Dodging the Question: The Supreme Court's Refusal to Commit to a Universal Interpretation of the Accrual of the Statute of Limitations for Civil RICO I. INTRODUCTION In 1970, the United States Congress passed the Racketeer Influenced and Corrupt Organization Act (RICO) as Title IX of the Organiz...
Court has the power to adjudicate§ 1331 – Claims arising under the laws of the Federal GovernmentTitle VII grants Federal jurisdiction to certain types of casesUnless a statute grants the court jurisdiction it is a nullityCourt will first look at jurisdictionDid the trial court have jurisdiction...
The district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought. [5] The record herein indicates that natur...
There is a preference embodied in section 1730a(k), and in the Court's opinion in Whitney, against collateral attacks on administrative orders. Clearly the plaintiffs in this case sought to indirectly challenge the Board's initial action in the district court when the statute calls for a dire...
Whether there is PJ is a two-step analysis: 1. Satisfy a state statute AND 2. Satisfy the Cons ution (Due Process). -- Does the analysis differ depending on whether the case will be filed in federal court or state court in the forum state? ___ ___ -- So whether a federal court...