Author Topic: Case Law to Remand back to State Court - Texas  (Read 2185 times)

0 Members and 1 Guest are viewing this topic.

Gjnnets

  • Valued Member
  • Posts: 14
Case Law to Remand back to State Court - Texas
« on: September 24, 2011 10:21:36 PM »
I am looking for case law or something that will help argue to remand a case back to state law after a petition for removal to federal court has been filed. No federal questions were raised in the suit.

cbarnett97

  • Valued Member
  • Posts: 1233
Re: Case Law to Remand back to State Court - Texas
« Reply #1 on: September 24, 2011 10:27:57 PM »
A federal court can take on state law, but if there is no federal issue raised then I would look into the rules regarding jurisdiction

cgoodwin

  • Valued Member
  • Posts: 2207
Re: Case Law to Remand back to State Court - Texas
« Reply #2 on: September 25, 2011 05:12:10 AM »
 What is the claim?

Are you plaintiff or defendant?
If you think this is legal advise.......
ask yourself why I wasn't smart enough to avoid this myself?!?

Gjnnets

  • Valued Member
  • Posts: 14
Re: Case Law to Remand back to State Court - Texas
« Reply #3 on: September 25, 2011 05:15:22 AM »
What is the claim?

Are you plaintiff or defendant?

I am the plaintiff. Alleged violations of the Texas BCC 20.06. Their claim is federal jurisdiction based off 28 USC 1331.

cprems

  • Valued Member
  • Posts: 2188
Re: Case Law to Remand back to State Court - Texas
« Reply #4 on: September 25, 2011 05:29:41 AM »
They are trying to base their claim on removal due to the FCRA superseding the BCC20 (credit reporting). I do know there is case law on this very subject.

I believe it was in California.

In the OP's complaint from what I understand, there were NO federal laws cited. However, the issue would be whether the FCRA would supersede any State consumer credit reporting laws.

In Texas the BCC20 is very handy to deal with credit reporting issues. There are a number of steps one must take to prevail. There is also the BCC17 tie-in statute (deceptive trade practices) that allows for trebling of actual damages.

My belief is that they do not want this in State Court due to the potential for damages.


I am the plaintiff. Alleged violations of the Texas BCC 20.06. Their claim is federal jurisdiction based off 28 USC 1331.
ALL my postings have NO legal value.

 I AM the "village idiot" please hold my posts to this standard.

 If you need legal Counsel - contact an Attorney.

E. Normis Debtor

  • Valued Member
  • Posts: 2433
Re: Case Law to Remand back to State Court - Texas
« Reply #5 on: September 25, 2011 11:40:51 AM »
I am looking for case law or something that will help argue to remand a case back to state law after a petition for removal to federal court has been filed. No federal questions were raised in the suit.

http://tx.findacase.com/research/wfrmDocViewer.aspx/xq/fac.20060719_0000502.NTX.htm/qx
I don't respond to PM's or emails for advice on specific circumstances.  My participation in this forum is general in nature, and not intended to create an attorney/client relationship.

Gjnnets

  • Valued Member
  • Posts: 14
Re: Case Law to Remand back to State Court - Texas
« Reply #6 on: September 25, 2011 12:17:17 PM »
They are trying to base their claim on removal due to the FCRA superseding the BCC20 (credit reporting). I do know there is case law on this very subject.

I believe it was in California.

In the OP's complaint from what I understand, there were NO federal laws cited. However, the issue would be whether the FCRA would supersede any State consumer credit reporting laws.

In Texas the BCC20 is very handy to deal with credit reporting issues. There are a number of steps one must take to prevail. There is also the BCC17 tie-in statute (deceptive trade practices) that allows for trebling of actual damages.

My belief is that they do not want this in State Court due to the potential for damages.

Right on. Also looking for any options if the event this thing gets stuck in Federal Law.

It is my opinion they want it in federal regardless to limit damages as well.

Gjnnets

  • Valued Member
  • Posts: 14
Re: Case Law to Remand back to State Court - Texas
« Reply #7 on: September 25, 2011 12:38:28 PM »
http://tx.findacase.com/research/wfrmDocViewer.aspx/xq/fac.20060719_0000502.NTX.htm/qx

I'm still reading the summary and going to pull up to the docs in pacer regarding that case, didn't want you to think I forgot about the case. So far it looks good and gives me some insight in bringing this thing back to State Court.

Much appreciated!!

Gj

cprems

  • Valued Member
  • Posts: 2188
Re: Case Law to Remand back to State Court - Texas
« Reply #8 on: February 02, 2012 10:10:17 PM »
Any update on this?
ALL my postings have NO legal value.

 I AM the "village idiot" please hold my posts to this standard.

 If you need legal Counsel - contact an Attorney.

jshaun

  • Valued Member
  • Posts: 1
Re: Case Law to Remand back to State Court - Texas
« Reply #9 on: August 06, 2012 10:51:13 AM »
What happend in this case I have the same poblem?