Court refines rules on ‘derivative jurisdiction doctrine’

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted January 12, 2021 11:44 AM

Randal Ricci tried to dodge the derivative jurisdiction doctrine when several Social Security Administration employees — the targets of a pro se state court complaint that claimed he qualified as a “representative payee” for his minor daughter’s supplemental security income benefits — used 28 U.S.C. Sec. 1442 to yank the litigation into federal court and promptly followed up asking the district judge to toss the case based on precedent that says a federal court doesn’t have jurisdiction over a removed case if the state …

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