Federal Courts. Removal Jurisdiction. Removal Statute Requires State Court to Dismiss Counterclaim Identical to Claim Previously Removed to Federal Court

1953 ◽  
Vol 66 (3) ◽  
pp. 534
Keyword(s):  
Federal Court ◽  
Federal Courts ◽  
State Court

scholarly journals Notes Procedural Fencing in Retiree Benefits Disputes: Applications of the First-Filed Rule in Federal Courts

2007 ◽  
Vol 69 (1) ◽  
Author(s):  
Julie Vanneman
Keyword(s):  
United States ◽  
West Virginia ◽  
Federal Court ◽  
The United States ◽  
Federal Courts ◽  
Phone Call ◽  
District Court ◽  
Health Coverage ◽  
Southern District ◽  
Maximum Benefit

Basil Chapman retired from ACF Industries, a railroad-car maker, after thirty-eight years of service. In December 2003, he received an unexpected phone call at his West Virginia home from a union representative, who informed him that an ACF executive wanted to speak with him. When they spoke, the executive informed Mr. Chapman that ACF was planning on changing its retirees’ health coverage plan. The ACF plan would now have a lifetime maximum benefit cap on hospital and surgical expenses for each participant and would require retirees to make monthly contributions. According to court papers filed later, Mr. Chapman responded, “We have a contract. You can’t do that.” Then, he said that he would “file in federal court” against ACF. The next business day, ACF filed a declaratory judgment action in the United States District Court for the Eastern District of Missouri asking the court to rule that retiree benefits were not vested and that ACF accordingly could alter benefits unilaterally. On January 26, 2004, Mr. Chapman, other named plaintiffs, and their union sued ACF in the United States District Court for the Southern District of West Virginia.

scholarly journals In the Beginning There Was None: Supreme Court Review of State Criminal Prosecutions

2017 ◽  
Author(s):  
Kevin C. Walsh
Keyword(s):  
Supreme Court ◽  
Federal Court ◽  
Structural Relationship ◽  
State Court ◽  
Court Decisions ◽  
Court System ◽  
Federal Law ◽  
Federal Judiciary ◽  
Federal Jurisdiction ◽  
In The Beginning

This Article challenges the unquestioned assumption of all contemporary scholars of federal jurisdiction that section 25 of the Judiciary Act of 1789 authorized Supreme Court appellate review of state criminal prosecutions. Section 25 has long been thought to be one of the most important provisions of the most important jurisdictional statute enacted by Congress. The Judiciary Act of 1789 gave concrete institutional shape to a federal judiciary only incompletely defined by Article III. And section 25 supplied a key piece of the structural relationship between the previously existing state court systems and the new federal court system that Congress constructed with the Act. It provided for Supreme Court appellate review of certain state court decisions denying the federal-law-based rights of certain litigants.

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