The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Tuesday, October 15, 2002
Decision: Tuesday, November 5, 2002
Issues: Judicial Power, Jurisdiction of Federal Courts of Appeals

Advocates

Henry B. Alsobrook, Jr. (Argued the cause for the petitioners)
David Jeremy Bederman (Argued the cause for the respondent)

Facts of the Case

Hurley Henson filed suit in Louisiana state court against Syngenta Crop Protection, Inc., asserting various tort claims related to the manufacture and sale of a chlordimeform-based insecticide. When Henson successfully intervened in a similar action, Price v. Ciba-Geigy Corp., in federal district court, the Louisiana court stayed his state court claim. Although the ensuing settlement in Price stipulated that his state-court action be dismissed with prejudice, the Louisiana state court allowed Henson to proceed. Syngenta then removed the action to the federal District Court under the All Writs Act. The District Court dismissed the former state-court action as barred by the Price settlement. Vacating the dismissal, the Court of Appeals wrote that the All Writs Act could not properly support removal of the state-court action.

Question

Does the All Writs Act give a federal district court the authority to remove a state-court case in order to prevent the frustration of orders the federal court has previously issued?

Conclusion

No. In a unanimous opinion delivered by Chief Justice William H. Rehnquist, the Court held that the All Writs Act does not provide removal jurisdiction. The Court reasoned that, because the general removal statute requires that a federal court have original jurisdiction over an action in order for it to be removed from a state court, the All Writs Act, alone or in combination with the existence of ancillary jurisdiction in a federal court, is not a substitute for that requirement. Justice John Paul Stevens concurred.

Supreme Court Justice Opinions and Votes (by Ideology)

Sort by Seniority
(More information here)
Decision: 9 votes for Henson, 0 vote(s) against
Legal Provision: 28 U.S.C. 1651
Wrote a regular concurrence
Stevens
Voted with the majority
Ginsburg
Voted with the majority
Souter
Voted with the majority
Breyer
Voted with the majority
O'Connor
Voted with the majority
Kennedy
Wrote the majority opinion
Rehnquist
Voted with the majority
Scalia
Voted with the majority
Thomas
Full Opinion by Chief Justice William H. Rehnquist

Cite this page

The Oyez Project, Syngenta Crop Protection, Inc. v. Henson, 537 U.S. 28 (2002),
available at: <http://www.oyez.org/cases/2000-2009/2002/2002_01_757/>
(last visited ).