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, […]