Remand is when a Federal District Court sends an Insurance case back to State Court that was filed in State Court in the first place, but then was "removed" to Federal Court for various reasons. A pre-Christmas ruling in one of the Hurricane Katrina Insurance Coverage Cases teaches a lesson well learned.
When discovery is available on the question of whether the Federal Judge should Remand the case back to State Court, or not, then the clear lesson in this new Insurance case is to take the discovery. If the available discovery regarding Remand is not taken, then the Federal Judge may decide, not surprisingly, that the opportunity to take discovery regarding Remand knocked once, like Opportunity itself, and will not knock again, as in Download Ross and Sharon Dodds v. Nationwide (S.D. Miss. Case No. 1.06CV915, Opinion Filed December 20, 2006), and for this particular ruling see page 4.pdf.
Best wishes to all for a Happy New Year!
REMINDER: THE CONTENTS OF
THIS BLOG DO NOT MAKE AN ATTORNEY-CLIENT RELATIONSHIP. ALWAYS CONSULT
THE CASES AND LAWS OF EACH PARTICULAR JURISDICTION AND AN ATTORNEY
FAMILIAR WITH THE PARTICULAR INSURANCE ISSUE IN THAT JURISDICTION,
WHENEVER YOU TRY TO ADDRESS OR RESOLVE ANY LEGAL QUESTION.
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