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re: So the Nkemdiche situation...
Posted on 2/19/14 at 2:08 pm to EasyJTeasy
Posted on 2/19/14 at 2:08 pm to EasyJTeasy
quote:
Why is there federal jurisdiction?
ETA: The amount in Controversy is Greater than 75G and its between citizens of different states. Civ Pro FTW!
You forgot diversity jurisdiction
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Posted on 2/19/14 at 2:10 pm to dtmb
quote:
You're right about the general subject matter jurisdiction for federal cases. FWIW, the complaint against the Nkemdiches wasn't filed in the United States District Court. It was filed in Lafayette County Circuit Court. Here's a link to the first page of the complaint.
They're both Georgia citizens, so federal jurisdiction is not applicable.
I'm surprised they didn't have the case moved to GA. Seems as if they'd get a more favorable jury in Georgia compared to Oxford
Posted on 2/19/14 at 3:00 pm to Tornado Alley
quote:
They're both Georgia citizens, so federal jurisdiction is not applicable.
I'm surprised they didn't have the case moved to GA. Seems as if they'd get a more favorable jury in Georgia compared to Oxford.
He had the general idea, though.
It wouldn't have shocked me if the plaintiff tried a little forum shopping in Georgia. I've always hated having to deal with concurrent jurisdiction and forum non conveniens.
Posted on 2/19/14 at 3:33 pm to dtmb
quote:
He had the general idea, though.
It wouldn't have shocked me if the plaintiff tried a little forum shopping in Georgia. I've always hated having to deal with concurrent jurisdiction and forum non conveniens.
I've always heard forum non conveniens is an outlier and likely not to happen.
Supplemental jurisdiction is not a possibility because the "hook claim" isn't based on diversity or federal question jurisdiction and Plaintiff successfully avoided removal because of the in-state forum defendant rule.
I'm trying to find a way of where the Nkemdiches could have the case removed to Georgia but it's merely a state issue
What kind of law do you practice?
Posted on 2/20/14 at 1:03 am to Tornado Alley
Why didn't the other guy sue?
Posted on 2/20/14 at 9:21 am to Tornado Alley
quote:
I've always heard forum non conveniens is an outlier and likely not to happen.
I've only seen it pop up as an issue a couple of times (i.e., Mississippi citizen is hit by a truck in Alabama, and tries to sue the Alabama corporation/resident in MS state court when Alabama law would apply).
quote:
What kind of law do you practice?
I represent porn stars in worker's compensation cases.
All kidding aside, I'm basically a government drone. I can't go into much detail, but I promise it isn't because my work is very interesting or exciting. I'm not trying to be cryptic, I just don't want to out myself too much.
Posted on 2/20/14 at 9:47 am to dtmb
quote:
All kidding aside, I'm basically a government drone. I can't go into much detail, but I promise it isn't because my work is very interesting or exciting. I'm not trying to be cryptic, I just don't want to out myself too much.
Fair enough.
I'd like to be a city attorney for a few years and then, perhaps, get an LLM in taxation and prosecute for the government, specifically for financial crimes.
Posted on 2/20/14 at 11:34 am to Tornado Alley
Shut the frick up dude...damn. Get. A. Life. Loser.
Posted on 2/21/14 at 1:04 am to dtmb
Forgive me if I missed it, but what is plaintiff's cause-of-action? IIED? NIED?
Re Forum-Non
We've only studied it in an international context (Piper v. Reyno, I think), but I've heard it was somewhat common back in the heyday of MS mass tort litigation in the mid-90's to early 2000's.
They had a good formula going:
1). Sue in Jefferson County Court;
2). Join local distributor to bar removal;
3) Profit
Re Forum-Non
We've only studied it in an international context (Piper v. Reyno, I think), but I've heard it was somewhat common back in the heyday of MS mass tort litigation in the mid-90's to early 2000's.
They had a good formula going:
1). Sue in Jefferson County Court;
2). Join local distributor to bar removal;
3) Profit
This post was edited on 2/21/14 at 1:12 am
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