(Download) "Doe V. Allied-Signal Inc." by United States Court of Appeals for the Seventh Circuit " Book PDF Kindle ePub Free
eBook details
- Title: Doe V. Allied-Signal Inc.
- Author : United States Court of Appeals for the Seventh Circuit
- Release Date : January 09, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
This Court has not had to decide whether a federal court may remove to its own jurisdiction a suit first filed in state court in order to protect a previous federal judgment based entirely on an interpretation of state law. The district court in this case, assuming that it had jurisdiction, removed plaintiff's action to federal court. It then used res judicata principles to toss out the suit as an attempt to relitigate claims heard and rejected in a case we decided in 1991: Doe v. Allied-Signal, Inc., 925 F.2d 1007 (7th Cir.) ("Doe I"). We need not answer this ticklish question about a federal court's power to guard earlier decisions because the current suit (" Doe II ") is not, in fact, the equivalent of Doe I. Res judicata does not apply. With no federal judgment to protect, and no other basis for federal jurisdiction, the district court lacked subject matter jurisdiction and should not have removed the case from Indiana courts in the first instance. We reverse and remand so that the Judge may send the matter back to state court where it belongs.
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