Thursday, April 14, 2011

Franzen v. United States (9th Cir. - March 24, 2011)

You learn something new every day.

I teach my students about interpleader.  A wonderful remedy.  But I didn't know until reading this case that California also has an alternative procedure in foreclosure cases called a "declaration" -- a process similar in lots of material respects to interpleader, but with a different name.

Neat stuff.  At least for civil procedure nuts.

Which matters, because the United States can only remove "interpleader" claims against it to federal court pursuant to 28 USC 2410.

But the Ninth Circuit correctly holds that if it walks like a duck and quacks like a duck . . . .