SUPREME COURT TIGHTENS RULES FOR REMOVAL TO U.S. COURTS.The Supreme Court tightened the rules for removing state tort cases to federal courts Nov. 5, saying the statutes don't allow a more expansive interpretation given by some U.S. appellate circuits. Removal to federal courts is most frequently sought by corporate defendants to reduce a perceived advantage for plaintiffs in state courts. "The right of removal is entirely a creature of statute A creature of statute is a legal entity such as a corporation created by statute. Thus, when a statute in some fashion requires the formation of a corporate body—often for governmental purposes—such bodies when formed are known as "creatures of statute ". and 'a suit commenced in a state court must remain there until cause is shown for its transfer under some act of Congress'," Chief Justice William Rehnquist Noun 1. William Rehnquist - United States jurist who served as an associate justice on the United States Supreme Court from 1972 until 1986, when he was appointed chief justice (born in 1924) Rehnquist, William Hubbs Rehnquist wrote for a unanimous court in Syngenta Crop Protection, Inc. v. Henson (01-757), quoting from a 1918 precedent, Great Northern Railway Co. v. Alexander. "These statutory procedures for removal are to be strictly construed," Rehnquist said. The complicated case began as a class action in Louisiana state court by Hurley Hurley has become the English version of at least three distinct original Irish names: the Ó hUirthile, part of the Dál gCais tribal group, based in Clare and North Tipperary; the Ó Muirthile, based around Kilbritain in west Cork; and the OhIarlatha, from the district of Henson and other workers against their employer for alleged injury from exposure to herbicides and pesticides. At one point, the lawsuit was joined with another class action in federal court in Alabama, which was settled. Henson's lawyer sought to revive some claims in the Louisiana court on grounds they weren't covered by the settlement, and Syngenta tried to get the case back into federal court. The Eleventh U.S. Circuit Court of Appeals ruled that the federal courts couldn't assert jurisdiction, but other circuits have ruled otherwise and the Supreme Court agreed to resolve the conflict. The general removal statute, 28 U.S. Code A multivolume publication of the text of statutes enacted by Congress. Until 1926, the positive law for federal legislation was published in one volume of the Revised Statutes of 1875, and then in each sub-sequent volume of the statutes at large. Section 1441, says "any civil action brought in a State court of which the district courts of the United States COURTS OF THE UNITED STATES. The judiciary of the United States is established by virtue of the following provisions, contained in the third article of the constitution, namely: 2.-1. have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. for the district and division embracing the place where the action is pending" unless Congress specifically provides otherwise. Syngenta cited another statute, the All Writs WRITS, JUDICIAL, practice. In England those writs which issue from the common law courts during the progress of a suit, are described as judicial writs, by way of distinction from the original one obtained from chancery. 3 Bl. Com. 282. Act, which says federal courts "may issue all writs necessary or appropriate in aid of their jurisdictions and agreeable to the usages and principles of law." Several appellate circuits have held that law gives a federal court the authority to remove a case in order to prevent the frustration of orders the federal court originally issued. The Supreme Court rejected that view and affirmed the Eleventh Circuit. "Section 1441 requires that a federal court have original jurisdiction over an action in order for it to be removed from a state court," Rehnquist wrote. "The All Writs Act, alone or in combination with the existence of ancillary jurisdiction ancillary jurisdiction n. a term used in federal courts when the court decides matters not normally under federal jurisdiction so that it can give a judgment on the entire controversy, when the main issue is a federal matter which it is authorized by law to determine. in a federal court, is not a substitute for that requirement." |
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