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Eliezer Taveras v. United States District Court for the Southern District of Florida

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 22-12199 · judgment August 29, 2022


Certiorari denied · May 15, 2023
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether a district court’s decision to dismiss with prejudice an action improperly removed from state court is clear and manifest error that should be corrected by a writ of mandamus and not in appeal? Whether the doctrine of improper claim splitting will be an open door for forum shopping to defendants who fraudulently remove to federal courts cases properly filed in state courts? Whether a court of appeal has a duty to promptly command through mandamus a federal court to remand a case improperly removed from state court in order to secure the public interest in the just, speedy, and inexpensive determination of every action?

Counsel of record

For petitioner
Eliezer Taveras

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 15 2023
    Petition DENIED.
  2. Apr 25 2023
    DISTRIBUTED for Conference of 5/11/2023.
  3. Feb 23 2023
    Petition for a writ of certiorari filed. (Response due April 10, 2023)