Civil Litigation,
9th U.S. Circuit Court of Appeals
Jul. 12, 2013
Returning some removal control to defendants
A recent 9th Circuit decision rejected a narrow interpretation of the statutorily imposed restrictions on when a defedant can move to remove a case to federal court.
Jason C. Wright
Associate
Jones Day
555 S Flower St 50th FL
Los Angeles , CA 90017-2300
Phone: (213) 243-2810
Fax: (213) 243-2539
Email: jcwright@jonesday.com
UC Berkeley Boalt Hall
Jason is in Jones Day's Business & Tort Litigation group, concentrating in consumer class actions.
When considering removal of a case from state court, it is well known that a defendant need not rush to federal court when the complaint does not, on its face, demonstrate that federal jurisdiction applies. This is predominantly an issue in diversity jurisdiction cases, where plaintiffs can be purposefully vague to avoid removal. For instance, in class actions plaintiffs can name a nondiverse class representative and/or intentionally omit the amount of damages at issue, leaving a defenda...
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