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An exception applies if diversity jurisdiction, and thus removal jurisdiction, is lacking at the time of the initial pleading in state court, but becomes available within a year after initiation of the suit. In such case, defendants may remove under 28 U.S.C. §1446(b) (second paragraph).
Thus, there are two kinds of jurisdiction-stripping: one which changes the court that will hear the case (as Sherman envisioned), versus one which essentially insulates statutes from judicial review altogether. Jurisdiction-stripping statutes usually take away no substantive rights but rather change the court that will hear the case. [4]
A petition to remove an Oklahoma judge who sentenced a convicted child rapist to 15 years of probation is gaining serious momentum online. ... In response to the case, Julie Mastrine, a Care2 ...
The original judge in the case ruled in 2010 that the defendants could refuse to testify, but that would also mean that they would be prohibited from subsequently testifying in the case. That ruling was, however, overturned by Persky after he took over the trial in 2011, a move that Doe's attorneys say undermined her case.
A motion by defense attorneys to have the judge tossed in the public corruption trial of a suspended Miami-Dade commissioner was denied by the state’s 3rd District Court of Appeal.
Richard Allen and his attorneys have repeatedly accused Special Judge Frances Gull of being biased against them. Delphi murders suspect Richard Allen cites delays in latest effort to remove judge ...
Abington School District v. Schempp, 374 U.S. 203 (1963), [1] was a United States Supreme Court case in which the Court decided 8–1 in favor of the respondent, Edward Schempp, on behalf of his son Ellery Schempp, and declared that school-sponsored Bible reading and the recitation of the Lord's Prayer in public schools in the United States was unconstitutional.
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