[Download] "Bautista v. Pan American World Airlines Inc." by United States Court of Appeals for the Ninth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Bautista v. Pan American World Airlines Inc.
- Author : United States Court of Appeals for the Ninth Circuit
- Release Date : January 21, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
A. Jacques Lou (Lou) appeals the district courts denial of Lous motion to remand, the granting of a motion to transfer the action to the Southern District of New York, and the enjoining of a similar state court proceeding. The district court found that Lou improperly pled a similar 17(a) violation of the 1933 Securities Act and that the Racketeer Influenced and Corrupt Organizations Act (RICO) claims were "separate and independent," thus affording the court removal jurisdiction pursuant to 28 U.S.C. §Â§ 1961-68, and the section 17(a) claims were "separate and independent," thus affording the court removal jurisdiction pursuant to 28 U.S.C. § 1441(c). We affirm the district court on these issues, but for different reasons. We reverse, however, the district courts preliminary injunction of the state court action. In resolving this appeal we hold that state and federal courts have concurrent jurisdiction over RICO claims, but we do not address the sufficiency of Lous section 17(a) pleadings, or whether the RICO claims and the section 17(a) claims are separate and independent.