If you are an employer, or an attorney representing
employers (and if you're reading this blog I'd bet dollars to donuts you fall
into one of these categories), the Federal Courts Jurisdiction and Venue Clarification Act of 2011
[pdf] will significantly impact you. Congress passed this bill last week,
and PrawfsBlog notes that President Obama expects to sign it
Without getting overly technical (for those who are not
familiar with how the removal of cases from state court to federal court
works), with some limited exceptions, a defendant has the right to take a case
originally filed in state court into federal court if the plaintiff could have
filed the case in federal court in the first place. There are two types of
cases a plaintiff is jurisdictionally permitted file in federal court: those
based on the diversity of the parties (where no plaintiff is a citizen
of the same state as any defendant, and the amount in controversy exceeds
$75,000), and those based on a federal question (where a claim arises under the
Constitution, laws, or treaties of the United States).
The JVCA will make some significant changes in how we
remove cases to federal court:
For all removed cases:
For removed cases based on a federal
For removed cases based on diversity of
It is no secret that employers and their lawyers usually
prefer to be in federal court, and removal is often the way we get there.
Because the JVCA will affect how we get certain cases into federal
court, it is a significant development that warrants our attention. It will go
into effect 30 days after President Obama signs it into law.
[Hat tip: @overlawyered]
Visit the Ohio Employer's Law Blog for more
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