Dan Epps
๐ค SpeakerAppearances Over Time
Podcast Appearances
I'm going to get the regular Costco cat food. So I got smart on that.
And I think that's clearly correct, right? And it was never when I tried to ask questions about this. So I don't know if there's a cat food suit going on or if there's a โ maybe, actually, if he's working on one of those, I can be part of the class. I don't know if I get some payout on that. Yeah, it's possible that cat food's in this class. I'm not sure. Well, it should be.
And I think that's clearly correct, right? And it was never when I tried to ask questions about this. So I don't know if there's a cat food suit going on or if there's a โ maybe, actually, if he's working on one of those, I can be part of the class. I don't know if I get some payout on that. Yeah, it's possible that cat food's in this class. I'm not sure. Well, it should be.
If there's a plaintiff's lawyer out there, can you do one of these? It's probably outside the statute of limitations for me because it was quite some time ago. But I felt pretty annoyed about that.
If there's a plaintiff's lawyer out there, can you do one of these? It's probably outside the statute of limitations for me because it was quite some time ago. But I felt pretty annoyed about that.
Yeah, and it's a little confusing because I guess it's not clear whether those are independent claims or those are just kind of tied up.
Yeah, and it's a little confusing because I guess it's not clear whether those are independent claims or those are just kind of tied up.
We treat here that finding a federal jurisdiction as given, and then for the rest of the opinion, they just describe the federal issues as if they are federal claims. I guess they don't need to resolve it because they are concluding, as we'll see, that there's no jurisdiction either way.
We treat here that finding a federal jurisdiction as given, and then for the rest of the opinion, they just describe the federal issues as if they are federal claims. I guess they don't need to resolve it because they are concluding, as we'll see, that there's no jurisdiction either way.
But the Eighth Circuit said... And have we explained the concept of supplemental jurisdiction?
But the Eighth Circuit said... And have we explained the concept of supplemental jurisdiction?
Okay. Is that important? Well, I mean, it doesn't mean we need to explain why the... There would have been jurisdiction over the state law claims to begin with.
Okay. Is that important? Well, I mean, it doesn't mean we need to explain why the... There would have been jurisdiction over the state law claims to begin with.
I wanted to ask to flag that because is there like a dyed-in-the-wool originalist argument that that's unconstitutional? Yeah.
I wanted to ask to flag that because is there like a dyed-in-the-wool originalist argument that that's unconstitutional? Yeah.
We would not be able to get that into federal court. Yeah. But you can see the kind of policy appeal of saying, no, you don't get to, you plaintiff don't get to send it back just by amending. Because it does have this flavor of gamesmanship. Yeah.
We would not be able to get that into federal court. Yeah. But you can see the kind of policy appeal of saying, no, you don't get to, you plaintiff don't get to send it back just by amending. Because it does have this flavor of gamesmanship. Yeah.
Don't you think just courts, though, have a natural kind of aversion towards parties doing stuff to kind of like get a case away from a judge, right? Just kind of to escape jurisdiction. I mean, I just I can see that why judges would kind of.
Don't you think just courts, though, have a natural kind of aversion towards parties doing stuff to kind of like get a case away from a judge, right? Just kind of to escape jurisdiction. I mean, I just I can see that why judges would kind of.
And we don't call that gamesmanship, that you settled. But I mean, clearly there must have been a strategic consideration that it is worth it to get away from, we want to get away out of this federal forum, right? Yes. That must have been part of the thought process.