Outside Publication

Don't Get Thrown out on Your Derriere: Common Mistakes in Establishing Federal Subject-Matter Jurisdiction, Defense Counsel Journal

April 2016

In federal court, subject-matter jurisdiction is a magic bullet. Jurisdictional problems are particularly pernicious (to the verdict winner) or useful (to the verdict loser) because they can never be waived, the court must address any potential jurisdictional defect it notices, and an incurable jurisdictional defect requires the judgment to be thrown out. We review some common defects in federal subject-matter jurisdiction and potential ways to fix them.

Read the article >> (subscription required)