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Misunderstanding Original Jurisdiction and the Meaning of Defendant: A Textual Analysis of Home Depot v. Jackson.

Authors :
Barnette, William P.
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.

Details

Language :
English
ISSN :
07344015
Volume :
39
Issue :
2
Database :
Academic Search Index
Journal :
Review of Litigation
Publication Type :
Academic Journal
Accession number :
143564650