Ruhrgas v. Marathon Oil, 526 U.S. 574 (1999)
Courts can decide personal jurisdiction issues before subject matter jurisdiction issues if they want (at least in removal cases, although nothing in the reasoning limits the decision to those type of cases). It's all just jurisdiction to Justice Ginsburg.
Lower court, Fifth Circuit, had determined that respect for federalism required that SMJ be determined first, but it reversed itself en banc.
References
5th Circuit opinion, 115 F.3d 315; en banc at 145 F.3d 211?
No comments:
Post a Comment