Federal Court Removal

The New Removal Regime

Matthew H. Ammerman | Essay This Essay will focus on (1) changes to the statutes governing removal of lawsuits by the “Federal Courts Jurisdiction and Venue Clarification Act of 2011” (Clarification Act) and (2) how those changes have been interpreted by courts within the United States Court of Appeals for the Fifth Circuit’s jurisdiction. The Clarification Act […]

He Does Not Deserve It, but You Can’t Have It Back: The Right to Restitution in the Face of a Successful McCorpen Defense

After five years and $276,263.36 in payments, Transocean Deepwater, Inc., discovered that Wallace Boudreaux had no right to maintenance and cure. Boudreaux failed to disclose a previous back injury, which he allegedly injured while working for Transocean. Acknowledging a valid McCorpen defense, the district court granted Transocean’s unopposed motion for partial summary judgment on Boudreaux’s […]