i have a case that was removed to federal court. I filed a remand, and it has yet to be ruled on. I am filing another motion today, i was wondering if i can add to this motion a request in the alternative, for a partial remand, or would that have to be seperate, or does that motion even exist? thank you "Partial Remand. Where federal and state law claims are joined, the court hasthe power to retain the federal claims and to remand the state law claims, ineffect severing the action. Emrich v. Touche Ross & Co., 846 F.2d. 1190 (9thCir. 1988). In addition, where removal was based on a federal question, andthe federal claim has been eliminated, the court may either retain, remand ordismiss supplemental state claims. Taylor v. First of America Bank-Wayne,973 F.2d. 1284, 1287 (6th Cir. 1992).
Hello again,Is your lawsuit based on any federal law clams, or is it all state law?
its based on both. The state filing of my claim was based on floridas SOCA, wiretap laws, but defendants had it removed to federal saying it had jusridiction, according to federal wiretap laws. SO it has elements of both
Then you can ask for a partial remand, if your request for remand is denied. It can be part of the same motion. It's pretty common for people to file motions that ask the judge for alternate relief, in hopes that one of the requests will be granted.
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