No. 21-240

KWS Inc., a Member of the Thiele Group v. Eric Scalla

Lower Court: Pennsylvania
Docketed: 2021-08-18
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: civil-procedure default-judgment federal-removal federal-rights federal-statutory-right federal-supremacy procedural-prerequisites state-court-procedure state-procedure supremacy-clause
Key Terms:
DueProcess ClassAction Jurisdiction JusticiabilityDoctri
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether a state court may require a federal-court litigant that has exercised its federal statutory right of removal following the state court's entry of a default to petition the federal court to open the default as a prerequisite to obtaining relief from the default in state court following a remand?

Question Presented (OCR Extract)

QUESTION PRESENTED As this Court long has made clear, the Supremacy Clause of the United States Constitution “imposes on state courts a constitutional duty ‘to proceed in such manner that all the substantial rights of the parties under controlling federal law [are] protected.” Felder v. Casey, 487 U.S. 131, 151 (1988) (quoting Garrett v. Moore-McCormack Co., 317 U.S. 239, 245 (1942)). Thus, while the States “retain the authority to prescribe the rules and procedures governing suits in their courts[,]” id. at 141, “that authority does not extend so far as to permit States to place conditions on the vindication of a federal right.” Id. at 147. That means, as relevant here, that state procedural law “cannot control the privilege of removal granted by the federal [removal] statute.” Chicago, R.I. & P.R. Co. v. Stude, 346 U.S. 574, 580 (1954). In this case, Pennsylvania’s state courts violated these bedrock principles of federal-law supremacy when they affirmed a default judgment against Petitioner because Petitioner failed to ask a federal district court to open the state court default following removal of the underlying suit, even though no federal law requires that procedural step. This Petition presents the following question: Whether a state court may require a federalcourt litigant that has exercised its federal statutory right of removal following the state court’s entry of a default to petition the federal court to open the default as a prerequisite to obtaining relief from the default in state court following a remand? ii PARTIES REPRESENTED All parties appear in the caption of the case on the cover page.

Docket Entries

2021-10-04
Petition DENIED.
2021-09-01
DISTRIBUTED for Conference of 9/27/2021.
2021-08-30
Waiver of right of respondent Eric Scalla to respond filed.
2021-08-16
Petition for a writ of certiorari filed. (Response due September 17, 2021)

Attorneys

Eric Scalla
Daniel Lloyd HesselGolkow Hessel, LLC, Respondent
Daniel Lloyd HesselGolkow Hessel, LLC, Respondent
Daniel Lloyd HesselGolkow Hessel, LLC, Respondent
KWS Inc., A Member of the Thiele Group
Colin Emmet WrableyReed Smith LLP, Petitioner
Colin Emmet WrableyReed Smith LLP, Petitioner