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1988

Vanderbilt Law Review

Civil actions

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Removal, Remand, And Review In Pendent Claim And Pendent Party Cases, Joan Steinman Oct 1988

Removal, Remand, And Review In Pendent Claim And Pendent Party Cases, Joan Steinman

Vanderbilt Law Review

This Article examines the removability of civil actions that include either pendent claims or pendent parties joined in addition to parties against whom federal questions are alleged. It discusses the remandability of those civil actions or segments of them, and comments on the law governing appellate review of district court remands to state court.' In an effort to reach the wisest resolutions of the various issues posed, it confronts issues of statutory construction, interprets Supreme Court cases, especially Thermtron Products, Inc. v. Hermansdorfer,'and wades in the murky waters of federalism. In the course of this enterprise, the Article analyzes and …