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A central issue in many lawsuits is whether the case will be litigated in state or federal court. This issue typically arises when the plaintiff files suit in state court, the defendant removes the action to federal court, and the plaintiff then moves to remand the case to state court. As Mark I. Levy writes, because of a unique statutory scheme that precludes appellate review of remands in many instances, the district court is often the court of both first and last resort.
September 09, 2005 at 12:00 AM
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The original version of this story was published on Law.Com
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