In making the determination, the court shall consider the pleadings, and supporting and opposing affidavits stating the facts upon which the liability or defense is based. The statute also provides for recovery of attorneys fees incurred by a party who successfully challenges claims within the scope of the statute. BigContractor opposed both motions. Discuss how both motions should be resolved. Regarding the second motion, address only the validity of BigContractor's argument.
D removes the case to federal court.
P moves to remand the entire case to state court on the ground that the state law claims substantially predominate. Give an example of a situation where, at the commencement of a civil lawsuit, due process would not require notice before seizure of property. Adams sued Baker in Florida. Baker defended the action, and did not contest Florida's ability to assert personal jurisdiction over him. Baker refused to pay, and Adams could find no assets of Baker in Florida upon which to execute the judgment.