Is removal of a state cause of action improper when it displaces federal law with a federal replacement?
MultiRegion, United States of America
The following excerpt is from Chmiel v. Beverly Wilshire Hotel Co., 873 F.2d 1283 (9th Cir. 1989):
Id. at 997 (citations omitted) (emphasis added); accord Hunter v. United Van Lines, 746 F.2d 635, 643 (9th Cir.1985) ("removal is improper when federal law simply displaces state law without replacing the state cause of action with a federal one") cert. denied, 474 U.S. 863, 106 S.Ct. 180, 88 L.Ed.2d 150 (1985).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the effect of a federal action for non-federal action in which a plaintiff is seeking to force a federal judge to dismiss the federal action? (MultiRegion, United States of America)
Does a federal district court have retained jurisdiction for a state cause of action for wrongful death when the federal cause was dismissed? (MultiRegion, United States of America)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek a federal habeas review of the claim? (MultiRegion, United States of America)
Can a state court deny jurisdiction in an action at law where the complaint is insufficient to state a cause of action? (MultiRegion, United States of America)
Is a summons of a federal officer in a wage garnishment action a "civil action" that can be removed to federal court? (MultiRegion, United States of America)
Does a state court have the authority to interpret the findings of a federal court when determining whether a federal judge has found that a state judge has jurisdiction to interpret a federal finding? (MultiRegion, United States of America)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek federal habeas review of the claim? (MultiRegion, United States of America)
In what circumstances will the court vacate in part the dismissal with prejudice for failure to state a cause of action under federal law or the NYSHRL? (MultiRegion, United States of America)
What is a cause of action against a person who acts under color of state law who has violated rights guaranteed by the United States Constitution? (MultiRegion, United States of America)
Can Gulfstream bring a motion to stay or dismiss a federal action seeking to prevent Gulfstream from using the same federal action? (MultiRegion, United States of America)
