Distinguishing Certification from Abstention in Diversity Cases: Postponement Versus Abdication of the Duty to Exercise Jurisdiction

Authors

Deborah Challener, Mississippi College School of LawFollow

Document Type

Article

Publication Date

2007

Abstract

This Article argues that a federal court does not abdicate its duty to exercise its jurisdiction when it certifies a question in a diversity case; instead, the court merely postpones the exercise of its jurisdiction. Thus, federal courts need not limit certification in diversity cases to exceptional circumstances.

Recommended Citation

38 Rutgers L.J. 847 (2007).