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· 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 CourtListener

Sourced 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.