· 3/29/1996
In Re: Dale Chimenti, Lizabeth Chimenti, Joey Chimenti, and Stefanie Chimenti
Citations
- 79 F.3d 534
- 1996 A.M.C. 2288
- 1996 U.S. App. LEXIS 5686
- 1996 WL 139700
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that the goal of the 'saving to suitors' clause \was to give claimants pursuing a common-law remedy the ability to choose their forum\
- noting availability of interlocutory appeal was merely one of several factors affecting court’s “prudential considerations” regarding issuance of mandamus
- granting the writ and directing the district court to remand the entire case back to state court for lack of federal jurisdiction and observing that “[a]lthough the availability of permissive interlocutory appeal under § 1292(b
- “[T]he failure to seek interlocutory review under § 1292(b) does not automatically preclude issuance of the writ of mandamus.”
- “In short, it is settled that actions brought in state court under the ‘saving to suitors’ clause are not generally removable.”
- “Section 1333, which provides a basis for federal jurisdiction in in personam actions if the claimant so chooses, provides no basis for removal if the claimant does not so choose.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Martin, Norris, Moore
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.