2002-2003 Preview U.S. Sup. Ct. Cas. 338 (2002-2003)
This article previews the Supreme Court case Brewer v. Jim's Concrete of Brevard, 538 U.S. 691 (2003). The author expected the Court to address the issue of whether the language of the Fair Labor Standards Act providing that "an action . . . may be maintained in any federal or state court" constitutes an express provision prohibiting removal to federal court when the plaintiff has chosen to maintain its lawsuit in state court.
Barbara J. Fick,
Musical Courts: Plaintiff Picks a Court But Can Defendant Trump the Choice? An Analysis of Breuer v. Jim's Concrete of Brevard, Inc.,
2002-2003 Preview U.S. Sup. Ct. Cas. 338 (2002-2003).
Available at: https://scholarship.law.nd.edu/law_faculty_scholarship/711