Federal Court Jurisdiction: Diversity and Removal Complexities

Navigating the Intricate Jurisdiction Standards and Removal Process

Recording of a 90-minute CLE webinar with Q&A


Conducted on Thursday, December 2, 2010

Recorded event now available

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Program Materials

This CLE webinar will provide litigators with an overview of the rules for diversity and removal jurisdiction, identify common pitfalls in the removal process, and analyze significant case law developments in this area.

Description

For corporate defendants, federal court litigation is perceived to be more advantageous than state court litigation. The road to federal court jurisdiction involves complex rules that are largely uncodified and very tight timeframes for removal.

The rules among federal courts are inconsistent and nuanced regarding many removal issues. Practitioners must master complex rules such as determining diversity of parties, improper or fraudulent joinder, time frames for removal in multi-defendant litigation, and appellate review of remand orders.

The U.S. Supreme Court in Hertz v. Friend this year clarified a corporation’s state of citizenship for diversity jurisdiction purposes. Litigators must understand how this decision has impacted the issue of diversity for federal court jurisdiction and removal.

Listen as our authoritative panel of litigators guides you through the complex rules for federal court jurisdiction and offers their perspectives and best practices for avoiding pitfalls in the removal process.

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Outline

  1. Diversity jurisdiction
    1. Parties in interest
    2. Corporate defendants
    3. Fraudulent joinder
  2. Removal process
    1. Timing
    2. Consent
    3. Waiver
    4. Multi-defendant litigation
  3. Appellate review of remand decisions

Benefits

The panel will review these and other key questions:

  • What are the rules governing fraudulent joinder of defendants?
  • What are the nuances in timing and consent for removal in multi-defendant litigation?
  • How have the lower courts interpreted the Hertz v. Friend decision?
  • What is the standard of appellate review of remand orders?

Faculty

Justin M. Sher
Justin M. Sher

Partner
Sher

He represents executives, entrepreneurs, public officials and businesses of all sizes in complex commercial disputes,...  |  Read More

Jared M. Katz
Jared M. Katz

Partner
Mullen & Henzell

He is experienced in resolving wide-ranging types of disputes, representing institutional, business and individual...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

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