Tuesday audio. Court of Appeals papers due Monday.
What is the purpose of allowing removal (of, by definition, state-law cases) under § 1442 and § 1443--why allow removal in these situations? Review §§ 1455, 1446, and 1447 on the process of removal, including appealability of remand. When a defendant files a notice of removal, where is the case? What happens then? Again, skim the the order remanding in Meadows.
1) A sues X on state law claims; X asserts a counterclaim for Trademark infringement
2) A sues X on state law claims; X asserts a counterclaim for antitrust violations
3) A sues X on state law claims; X asserts a counterclaim for Copyright infringement
When does an action on the face of the WPC arise under, under Mims and American Well Works? Why extend it beyond that core? How is the core expanded in Grable and Gunn? What is the difference between subject matter jurisdiction and the merits of a claim? Was there jurisdiction in Morrison? What about in a Title VII case against an entity that does not qualify as an "employer" (because it has fewer than 15 employees) or by a person who is not an "employee" (because an independent contractor?
Last week, a lawsuit was filed in Colorado state court seeking to exclude Donald Trump from the ballot there because he engaged or supported insurrection, making him ineligible for federal office under § 3 of the Fourteenth Amendment and thus unable to qualify for the ballot under Colorado law. Trump removed to federal court. What is the argument for and against jurisduction under Grable and Gunn?
Please note that some of the provisions in the Chemerinsky appendix are old or inaccurate. I am checking and will provide updated versions if they are wrong. The appendix in Pfander is more up-to-date but does not include many provisions.
