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Misunderstanding Original Jurisdiction and the Meaning of Defendant: A Textual Analysis of Home Depot v. Jackson.
- Source :
-
Review of Litigation . Winter2019, Vol. 39 Issue 2, p119-161. 43p. - Publication Year :
- 2019
-
Abstract
- The article focuses on the decision of the U.S. Supreme Court's in the case Home Depot v. Jackson which misapplied the well-pleaded complaint rule and misinterpreted the doctrine of original jurisdiction and meaning of defendant. It mentions prevented from removing qualifying class actions under the Class Action Fairness Act (CAFA). It also mentions the structural and textual errors that led to the Court's incorrect holding.
- Subjects :
- *ORIGINAL jurisdiction
*CLASS actions
*DEFENDANTS
*JUDICIAL error
Subjects
Details
- Language :
- English
- ISSN :
- 07344015
- Volume :
- 39
- Issue :
- 2
- Database :
- Academic Search Index
- Journal :
- Review of Litigation
- Publication Type :
- Academic Journal
- Accession number :
- 143564650