Bermudez v. United States Department of Housing & Urban Development

ORDER DENYING DEFENDANT’S MOTION TO DISMISS

FEESS, District Judge.

I. INTRODUCTION

This motion resurrects the specter of “derivative jurisdiction,” which was a doctrine that required a federal court to dismiss a removed case if the state court originally lacked jurisdiction. Under the theory of “derivative jurisdiction,” a federal court’s jurisdiction derived from the state court’s jurisdiction. If the state court never had jurisdiction, the case was essentially void ab initio and the federal court was required to dismiss even if the case could originally have been filed in federal court.

Fortunat…