Friday, December 17, 2004

Chief Judge Jones says no Princess Lida here

In Pax, Inc. v. Veolia Water North America Operating Services, Inc., Chief Judge Jones ruled, among other things, that the plaintiff's motion to remand the case to state court or abstain based on the Princess Lida doctrine should be denied.

The Princess Lida doctrine has something to do with the federal courts not getting involved with property over which a state court (or another court) has assumed jurisdiction, most probably in rem jurisdiction. The Court ruled, in essence, that there was no in rem aspect to the claims that were removed. The other part of the ruling was to reject the defendant's venue argument based on a forum selection clause.

Normally, I don't cite to opinions involving my own firm, but how often do you come across the Princess Lida doctrine?

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