Begging the Federal Question: Removal Jurisdiction in Wrongful Discharge Cases

This Article analyzes the federal question jurisdiction issue in the context of state law claims for wrongful discharge in violation of public policy articulated in federal law. Part II of this Article contains a general discussion of the public policy exception to the employment at will rule. Part III discusses removal and federal question jurisdiction. Part IV analyzes cases relevant to the issue of federal question removal jurisdiction in the wrongful discharge context, including the United States Supreme Court\u27s decisions in Merrell Dow Pharmaceuticals v. Thompson and Christianson v. Colt Industries Operating Corp. This Article concludes that a wrongful discharge claim based solely upon public policy expressed in a federal statute for which there is a private federal statutory remedy should be removable, particularly where the federal courts have exclusive jurisdiction over the direct statutory cause of action. However, the removal of wrongful discharge claims based on other federal sources of public policy, such as federal statutes for which there is no private statutory remedy, is precluded by Merrell Dow and Christianson

Immunizing Arbitrators from Claims for Equitable Relief

The article begins with a summary of the historical origins of the judicial and arbitral immunity doctrines. Next, the article discusses the courts\u27 refusal to extend judicial immunity to claims for declaratory, injunctive, or other equitable relief, except perhaps in the case of federal judges. The article then explores the propriety of recognizing a similar limitation in cases construing the arbitral immunity doctrine. The article ultimately concludes that (1) arbitrators should be immune from claims for equitable relief as a matter of policy, and (2) in jurisdictions where that result is currently precluded by existing precedent, a comparable result can be reached by holding that the arbitrator is not a necessary party in litigation challenging the arbitrator\u27s authority or the validity of an arbitration award