Plaintiffs' and defense attorneys, business executives, and anyone involved in litigation in the federal courts.
On December 7, 2011, President Obama signed into law the first changes in almost a decade to federal court jurisdiction and general removal procedures not involving class actions. The new law, the Federal Courts Jurisdiction and Venue Clarification Act of 2011, H. R. 394, P.L 112-63, contains significant changes to the removal statute, 28 U.S.C. Section 1441, and will affect nearly every new case filed or removed next year invoking the courts' diversity jurisdiction.
In the act, Congress addressed several areas of confusion by clarifying the rules affecting the timing of removal in cases with multiple defendants, determinations of amount in controversy, and venue. Nevertheless, some areas of uncertainty remain, in particular the amount and type of evidence that a removing party must gather in order to prove the newly codified "preponderance of the evidence" standard for asserting federal jurisdiction.
In this one-hour TeleBriefing, our panel, drawn from the federal bench, academia, and practice, will offer practical insights on how the new rules will likely be interpreted by courts, how to best argue for or against federal jurisdiction under the law, and new procedural strategies in both state and federal court that all litigators will need to know.
Introduction & Overview; Private Practitioner's Perspective
Kurt A. Kappes, Esq., Moderator, Managing Shareholder
Greenberg Traurig LLP / Sacramento, CA
Practical Insights for Litigators
Rex R. Perschbacher, Esq., Professor of Law
UC Davis School of Law, King Hall / Davis, CA
The Hon. Milton I. Shadur, Esq., Senior Judge
United States District Court / Chicago, IL
$125 to dial in
$175 to dial in and receive continuing education credit
$50 for each additional person on the line who wishes to receive credit
Financial aid is available to those who qualify. Contact our office for more information.
You may substitute another person at any time. If you are unable to join the call, you can download the audio and materials later or we'll send you an audio CD and written materials for an additional $10.
We will apply for 1.0 CLE credit in the following states: AK, AL, AZ, AR, BC, CA, GA, IL, IN, KS, LA, ME, MN, MO, MS, NC, ND, NE, NM, NV, NY (experienced attorneys only), OR, PA, RI, SC, TN, TX, UT, VA, VT, WA, WI, WV, and WY.
You can self-apply for credits in: CO, FL, HI, ID, MT, NJ, and OK.
CLE credits currently are not available in: DE or OH.
If you need other types of credits, please call us at (206) 567-4490.
The dial-in number and a link to the materials will be emailed to you the day before the TeleBriefing. All orders are processed within one business day of receipt.
You may download the entire audio and materials for $125 or obtain an audio CD and printed materials for an additional $10. Both options include the written materials. Downloads are available within 48 hours after the TeleBriefing or from the date we receive payment. We will ship a CD order via UPS ground within two weeks after the TeleBriefing or from the date we receive payment.
Kurt A. Kappes is a Managing Shareholder of Greenberg Traurig LLP's Sacramento Office. He is also the co-Chair of the national Labor & Employment practice's Non-Compete/Trade Secret and Employment Contract Litigation team. Mr. Kappes also leads the Sacramento Litigation Practice Group. Mr. Kappes has extensive trial and pretrial experience. He has represented clients in many complex litigation cases involving commercial claims, trade secrets, products liability, professional malpractice, insurance bad faith, qui tam actions, unfair competition, Business and Professions Code Section 17200 actions, and SOX proceedings. He also represents clients in labor and employment issues, including advisory matters, trade secret audits, contracts, discrimination claims, whistleblower cases, and wrongful termination litigation.
Rex Perschbacher is a Professor of Law and Daniel J. Dykstra Endowed Chair at UC Davis School of Law and was Dean of the Law School from 1998 to 2008, and before that served as Associate Dean from 1993-1998. He has taught at UC Davis since 1981 with an emphasis on the areas of Civil Procedure, Professional Responsibility, and Clinical teaching. He received the law school's Distinguished Teaching Award in 1992, and a Special Citation Affirmative Action and Diversity Achievement Award, 2001.
The Honorable Milton I. Shadur is a Senior Judge in the United States District Court, Northern District of Illinois. He was appointed by President Carter in 1980.