Credit: Aerial Mike/Adobe Stock Tenth Circuit Clarifies Ancillary Enforcement Jurisdiction
The circuit court held "if a federal court had jurisdiction [over] the principal action, it may hear an ancillary proceeding, regardless of the citizenship of the parties, the amount in controversy, or any other factor that normally would determine subject matter jurisdiction" if the case is brought "to assist in the protection and enforcement of federal judgments—including attachment, mandamus, garnishment, and the prejudgment avoidance of fraudulent conveyances."
November 09, 2022 at 09:30 AM
9 minute read
In a decision that provides guidance on a previously "ill-defined" and "nebulous aspect of our federal courts' jurisdiction," the U.S. Court of Appeals for the Tenth Circuit clarified the cases in which federal courts may exercise ancillary enforcement jurisdiction and which law applies—
state, federal, or both—when evaluating a plaintiff's standing to bring such a case. Atlas Biologicals v. Kutrubes, No. 20-1401, 2022 U.S. App. LEXIS 28203, — F.4th — (10th Cir. Oct. 11, 2022).
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