Friday, March 20th, 2009
9th Cir: No Federal Jurisdiction Over County’s Motion to Compel Arbitration
In an opinion that rings twice with literary allusions, the 9th Circuit this morning held that a California County that removed to federal court could still challenge a District Court’s subject matter jurisdiction over the union’s motion to compel. It held that the non-waivability of jurisdictional challenges trumps the rule of judicial estoppel. “Put another way, […]