Wednesday, May 19th, 2010
DAlaska: When Do References to Federal Statutes Support Federal Question Jurisdiction?
In his Complaint, a plaintiff asserted four state court claims (under the Exemptions Act and the Unfair Trade Practices Act), but referred to a federal statute (here, the Fair Debt Collection Practices Act) in the body of the Complaint, and in the prayer for relief. After removal, the plaintiff filed a motion to remand, […]