Sunday, December 30, 2007

WVU v. The Rat Bastard (Jurisdiction Contest)

The attempts thus far to answer the removal question I posed have been good ones.  I agree that a key issue would be the location of TRB's domicile when the suit was  filed (and perhaps even when some of the underlying events occurred, though the weight of precedent is against that, as far as I remember).  Several commenters discussed the domicile question in one way or another, and it would be difficult to choose the best of the offerings. So I'm not.

There is, at least, one other major issue regarding diversity jurisdiction in this case.  It's the sort of issue that you smack yourself in the face for not immediately recognizing (as I did metaphorically after I realized I hadn't).  First one to mention it wins whatever I'm going to award. (Incidentally, I'm not saying the issue should clearly be decided one way or another; just saying it's there.)  If no one gets it by, say, the start of 2008 I'll just post what I think  it is.

By the way, the local NBC station here in Clarksburg (WBOY) had an interview with a lawyer regarding the case on last night's evening news.  They even discussed the question of whether the case could be removed to federal court, and mentioned the domicile issue specifically (albeit very briefly).  When the local news in Clarksburg, West Virginia features a discussion of federal subject-matter jurisdiction we are in strange territory indeed.

4 comments:

Alex said...

Ok, so if it has nothing to do with the coach's citizenship, but yet it is still a diversity (as opposed to federal question) issue, then we have to look to WVU's citizenship.

Maybe WVU as a state actor is immune in its own courts, then the case would have to go to fed. court (out of some due process -- keep the courthouse door open -- worry), but, then there's the 11th amendment, so . . .


I don't know why I am spending so much time thinking about this. I don't spend this much time on the stuff I do for work

Brian said...

Alex:

Your first sentence is exactly right. Your second sentence, well, not so much.

Like I said, when you realize the answer you'll kick yourself.

Alex said...

How is it that WVU not a citizen of WV? Are the members of the board of governors all from different states?
Would you just give the answer already? I don't want to enter the new year with this question plaguing my thoughts and ruining my sleep.

Brian said...

Okay, okay, I've posted the answer. You can sleep in peace.