Syngenta Crop Protection v. Henson
October 15, 2002 (01-757)
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Case Summary
This case concerns the removal authority of federal courts under the All Writs Act, 28 U.S.C. 1651. The All Writs Act provides district courts the power to protect their jurisdiction: "The Supreme Court and all courts established b y Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law." Under the Act, a district court has the authority to enjoin a party from prosecuting an action in contravention of a settlement agreement over which the district court has retained jurisdiction. The Circuits are split, however, as to whether a district court also has jurisdiction under the All Writs Act over an action removed under 1441. In this c ase, the Eleventh Circuit held that the lower district court improperly exercised jurisdiction under the All Writs Act when the case had been removed pursuant to 1441. Because 1441 only authorizes removal when the action could have originally been fi led in federal court, and the All Writs Act does not provide an independent basis of federal subject-matter jurisdiction, the court found the exercise of jurisdiction to be improper. The opinion below is at 261 F.3d 1065.

To see the opinion of the lower court, click here.


PREDICTED OUTCOME ACTUAL
OUTCOME
Forecasting
Model
Expert
One
Expert
Two
Expert
Three
5-4 to Reverse 9-0 to Affirm 9-0 to Affirm 7-2 to Affirm 9-0 to Affirm
VOTING TO REVERSE
Stevens
O'Connor
Souter
Ginsburg
Breyer
Stevens
Souter
VOTING TO AFFIRM
Rehnquist
Scalia
Kennedy
Thomas
Rehnquist
Stevens
O'Connor
Scalia
Kennedy
Souter
Thomas
Ginsburg
Breyer
Rehnquist
Stevens
O'Connor
Scalia
Kennedy
Souter
Thomas
Ginsburg
Breyer
Rehnquist
O'Connor
Scalia
Kennedy
Thomas
Ginsburg
Breyer
Rehnquist
Stevens
O'Connor
Scalia
Kennedy
Souter
Thomas
Ginsburg
Breyer

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