Essentially, what is at issue on the motion to remand is whether or not the Court can fairly read the Lawrence State court complaint to state a “claim or controversy” under the laws of the United States, so that the case could have been brought initially in the federal Court. One would think that a complaint based only upon State trademark law would be left to the State courts to decide, but ECUSA and its Potemkin diocese saw things differently. ECUSA has not done well in the South Carolina State courts, and so they wanted desperately to have the federal courts take jurisdiction of the dispute over who owns the rights to the name “Episcopal Diocese of South Carolina.”
Read it all.
A.S. Haley on the South Carolina Episcopal Contretemps Court Hearing this week
Essentially, what is at issue on the motion to remand is whether or not the Court can fairly read the Lawrence State court complaint to state a “claim or controversy” under the laws of the United States, so that the case could have been brought initially in the federal Court. One would think that a complaint based only upon State trademark law would be left to the State courts to decide, but ECUSA and its Potemkin diocese saw things differently. ECUSA has not done well in the South Carolina State courts, and so they wanted desperately to have the federal courts take jurisdiction of the dispute over who owns the rights to the name “Episcopal Diocese of South Carolina.”
Read it all.