The article explores the increase in fiduciary litigation as well as the efforts of plaintiffs' counsel to bypass state court in favor of pursuing federal jurisdiction. Highlighting supporting case law, the article offers two strategies for challenging federal jurisdiction—seeking dismissal based on the probate exception to federal jurisdiction and petitioning the federal court to abstain due to related state court proceedings that are pending.
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Partner and Global Chair, Private Wealth Department+1.212.940.7150
New York
