Civil Procedure Keyed to Spencer
Hays v. Bryan Cave LLP
Bryan Cave LLP (Defendants), a law firm, represented Hays (Plaintiff) in a federal criminal case. Subsequently, Plaintiff filed suit in Illinois state court, alleging common law attorney malpractice. Defendants then sought removal to federal court, asserting that the case arose under federal law because adjudication would “require a substantial evaluation of applicable federal law.” The district court refused to remand the case. The court then dismissed the case, and Plaintiff appealed to the United States Court of Appeals for the Seventh Circuit on the ground that the case should never have been removed to federal court.
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