Legal Memorandum: Abuse of Discretion for a Remand Order

Issue: Whether the Virgin Islands District Court abused its discretion in issuing a remand order.

Area of Law: Litigation & Procedure
Keywords: Abuse of discretion; Remand order
Jurisdiction: Federal, Virgin Islands
Cited Cases: 462 U.S. 151; 273 F.3d 564; 133 F. Supp. 2d 384; 155 F.3d 1230; 386 U.S. 171; 903 F.2d 253; 725 F.2d 226; 881 F.2d 20; 193 F.3d 151; 452 F.3d 256; 261 F. Supp. 2d 955; 128 F.3d 110
Cited Statutes: None
Date: 07/01/2007

This Court reviews an order of dismissal de novoBuck v. Hampton Twp. Sch. Dist., 452 F.3d 256, 260 (3d Cir. 2006) TA s "Buck v. Hampton Twp. Sch. Dist. (3d Cir. 2006)" .  A remand order is reviewed for abuse of discretion; “however, to the extent that the underlying issue giving rise to that remand decision, in this case the extent of preemption, is one of law, [the] review is de novo.”  In re U.S. Healthcare, Inc., 193 F.3d 151, 160 (3d Cir. 1999) TA s "In re U.S. Healthcare, Inc. (3d Cir. 1999)" .

The Virgin Islands District Court has emphasized that an employee may maintain a suit under the LMRA even if he sues only his employer, and not the union.  Vadino v. A. Valey Eng’rs, 903 F.2d 253, 260 (3d Cir. 1990) TA l "Vadino v. A. Valey Eng’rs, 903 F.2d 253 (3d Cir. 1990)" s "Vadino v. A. Valey Eng’rs (3d Cir. 1990)" c 1 .  Accord Webb v. ABF Freight Sys., 155 F.3d 1230 (10th Cir. 1998) TA l "Webb v. ABF Freight Sys., 155 F.3d 1230 (10th Cir. 1998)" s "Webb v. ABF Freight (10th Cir. 1998)" c 1  (where the plaintiff sued both the union and his employer, and the claims against the union were dismissed pretrial, the jury properly found that the union breached its duty of fair representation by, inter alia, failing to investigate and […]

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