The Battle Before the Battle - Which Battlefield and Whose Rules? Views of Jurisdictional and Venue Fights by an Insurer's Counsel

    By Stephen J Peters

    The Battle Before the Battle - Which Battlefield and Whose Rules? Views of Jurisdictional and Venue Fights by an Insurer's Counsel

    The Battle Before the Battle - Which Battlefield and Whose Rules? Views of Jurisdictional and Venue Fights by an Insurer's Counsel

    By Stephen J Peters

    Course / Program Material 2007 TIPS 15th Annual Insurance Coverage Litigation Committee Program - Tucson AZ Steve's paper explains the statutes, rules and defining court opinions that must be considered before a declaratory judgment action is commenced or immediately upon receipt of a declaratory judgment complaint; namely, ...
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    Course / Program Material2007 TIPS 15th Annual Insurance Coverage Litigation Committee Program - Tucson AZSteve's paper explains the statutes, rules and defining court opinions that must be considered before a declaratory judgment action is commenced or immediately upon receipt of a declaratory judgment complaint; namely, identifying the jurisdiction(s) where personal and subject matter jurisdiction requirements are satisfied; venue and transfer of venue considerations, forum non conveniens, and removal to federal court, including venue, timing, defending against motions to remand, and the assessment of attorney's fees for an improper removal. This is a practical, useful reference filled with statutes, rules and case law summarizing the majority and minority positions of courts throughout the country. Every practitioner should review this paper before filing suit or removing a declaratory judgment action to federal court.For instance, did you know that some courts have interpreted the "Service Of Suit" clauses in insurance policies to mean that the policyholder has the right to select the forum for the declaratory judgment action, depriving the insurer of the right to remove an action to federal court or seek a transfer of venue? The courts that subscribe to this view (and those that do not) are identified in Steve's paper. What about challenging venue after the defendant removes the case to federal court? Can you do it? If so, what is the best practice? Steve's paper reveals that the trick might lie in challenging the venue on forum non conveniens grounds. Finally, Steve reminds us that the "forum defendant rule" adds an extra requirement to the removal of an action to federal court grounded on diversity jurisdiction. The potential for an award of attorney's fees for improper removal can be avoided by following the statute and the case law cited.

    Product Details

    Product Code

    5190411

    Publication Date

    2/1/2007 12:00:00 AM

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