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: How AppealingFederal question jurisdiction does not exist to enable removal from state court to federal court of a lawsuit alleging attorney malpractice during an earlier a federal trademark lawsuit
Today's Fifth Circuit decision notes that it is arguably in tension with a recent Federal Circuit ruling which held that federal question jurisdiction does exist over a malpractice suit stemming from representation in an earlier federal patent suit. My earlier coverage of that ruling appears at this link.
Full post as published by How Appealing on July 31, 2008 (boomark / email).
More Patent Law Legal Malpractice News
Yesterday we reported on a Nebraska case in which it was found that simply because a legal malpractice case came from a patent matter, it was not a federal question, sufficient for US District Court jurisdiction...
Federal Question Jurisdiction in Legal Malpractice
Legal malpractice is a wholly state cause of action, and might be brought in Federal District Court only if there is a basis for jurisdiction. Diversity jurisdiction is the one most quickly thought of, but in certain circumstances federal question jurisdiction may also apply...
Is Patent Law Legal Malpractice always a Federal Question
Jurisdiction in Federal District Court...harks back to the first few weeks of law school. Well, there's diversity...and...and federal question. So, a legal malpractice case arising from a patent transaction...
Medical Malpractice Lawsuit Returned to State Court
A medical malpractice lawsuit that was recently moved from state court to federal court has been sent back down to state court after federal review. The U.S. Attorney?s Office asked that the federal government be involved because one of the doctors was an employee of a network who received federal funds...
No Jurisdiction in Federal Court For Malpractice Claim Based on Underlying Trademark Representation
The Fifth Circuit addressed the removal and jurisdictional issue yesterday, and held for the malpractice plaintiff against his defendants, the Duane Morris law firm and its attorney Richard Redano...
Ind. Courts - Larry Bird files a federal lawsuit alleging trademark infringement
Kate Braser of the Evansville Courier & Press reports today:Basketball legend Larry Bird's former home in West Baden, Ind., is now the subject of a federal lawsuit alleging trademark infringement...
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