Syngenta Crop Protection, Inc. v. Henson
Henson represents a class of plaintiffs who brought suit against Ciba-Geigy
Corp. for exposure to insecticide in state court in Louisiana. Henson intervened
in a related cased in federal court, in the southern district of Alabama, and
participated in a nationwide structured settlement there, including an agreement
to dismiss all related actions in other jurisdictions. Thereafter Henson persuaded
the Louisiana court that he was not required under the settlement agreement
to dismiss his claims against Ciba-Geigy and amended his complaint to include
claims relating to exposure to a different insecticide. Ciba-Geigy petitioned
for removal to the middle district of Alabama, and then transfer to the southern
district, where the complaint was dismissed as barred by the settlement agreement.
The court of appeals held that the district court lacked removal jurisdiction,
either under 28 USC § 1441 or under the All Writs Acts.
Question Presented:
Does the All Writs Act grant federal district courts the original jurisdiction
required under 28 U.S.C. § 1441 to permit removal of cases that would otherwise
be ineligible for removal?
Decision
under Review
Supreme Court
opinion
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