Problems in Federal Forum Selection and Concurrent Federal State Jurisdiction
ALI-ABA Course of Study Materials, 2006
40 Pages Posted: 19 May 2006
Abstract
This paper updates as of the summer of 2006 some of the most important cases decided since 2003, primarily by the U.S. Supreme Court and, to a lesser extent, the lower federal courts, addressing problems in federal forum selection and concurrent federal state jurisdiction issues. This work is an update and supplement to the excellent and exhaustive work previously prepared by Professor Georgene Vairo for prior American Law Institute-American Bar Association programs. In the interest of brevity, I sometimes make reference to other papers I have written that give more detailed treatment to particular subjects (I also include links for readers interested in accessing the full text of these papers). On other occasions (primarily when the cases were recently handed down), I have borrowed and copied portions of text from the opinions by the Supreme Court and lower court opinions, as published, including excerpts of passages from the syllabus of several cases.
Keywords: jurisdiction, subject matter, personal, diversity, federal question, supplemental, removal, venue
JEL Classification: K00, K10, K40, K41
Suggested Citation: Suggested Citation