Can you remove a counterclaim to federal court?
A counterclaim defendant cannot remove a class action claim to federal court, under either the general removal statute (28 U.S.C. § 1441) or the Class Action Fairness Act (CAFA) (28 U.S.C. § 1453), the U.S. Supreme Court has ruled.
Can a third-party defendant remove a case to federal court?
In a 5-4 decision written by Justice Clarence Thomas, and in which Justices Ginsburg, Breyer, Sotomayor and Kagan joined, the U.S. Supreme Court recently held that third-party defendants in state court actions cannot remove causes of action to federal court.
Can a case be removed to federal court?
Generally speaking, a case can be removed to federal court if it could have been filed in federal court by the plaintiff. In many cases both state and federal courts may have subject matter jurisdiction over a particular matter, and the plaintiff has his or her choice of which court to present the claim to.
How to file motion to vacate judgment / order?
Step 1: Get the Forms and Documents You Need Step 2: Fill out the Forms Step 3: Talk to an Attorney, if Possible Step 4: Get a Judge or Commissioner’s Signature / Copy Forms Step 5: File / Deliver Working Papers / Have the Other Party Served Step 6: Confirm Hearing / Go to Hearing STEP 1: GET THE FORMS AND DOCUMENTS YOU NEED
When does an administrative law judge issue an order?
If the administrative law judge determines, upon the preponderance of the evidence received, that a person or entity has violated subsection (a), the administrative law judge shall state his findings of fact and issue and cause to be served on such person or entity an order described in paragraph (3).
What happens if you fail to comply with a final order?
If a person or entity fails to comply with a final order issued under this section against the person or entity, the Attorney General shall file a suit to seek compliance with the order in any appropriate district court of the United States. In any such suit, the validity and appropriateness of the final order shall not be subject to review.