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Remand Diversity Jurisdiction Subject Matter Jurisdiction

Proskauer - Minding Your Business

Removal? Snap to it!

The forum defendant rule normally bars removing a state case to federal court when there is a forum defendant, even if the parties are otherwise diverse. A rarely-used method is the exception to this rule. Using a procedure...more

Butler Snow LLP

Snap Back – Snap Removals Must Have Complete Diversity or Face Remand

Butler Snow LLP on

The Fifth Circuit Court of Appeals recently addressed so-called “Snap Removals” in the case of In re Levy, 52 F.4th 244, 245 (5th Cir. 2022). In Levy, the plaintiff, Calvin Levy, petitioned the Fifth Circuit for a writ of...more

Faegre Drinker Biddle & Reath LLP

En Banc Eighth Circuit Reverses Precedent and Holds Forum-Defendant Rule Is a Nonjurisdictional Defect Plaintiffs Can Waive

In Holbein v. TAW Enterprises, Inc., --- F.3d ---, No. 18-2892, 2020 WL 7755451 (8th Cir. Dec. 30, 2020) (en banc), the Eighth Circuit, sitting en banc, overruled its prior cases dealing with a specific application of the...more

Knobbe Martens

Federal Circuit Review - September 2019

Knobbe Martens on

State Sovereignty Principles Do Not Allow a State to Bring a Patent Infringement Suit in an Improper Venue - In Board of Regents v. Boston Scientific Corp., Appeal No. 2018-1700, the Federal Circuit ruled that the patent...more

Jackson Walker

When Filing Suit in Federal Court, Don’t Forget the Key to the Courtroom Door

Jackson Walker on

Formalism matters in federal court. One cannot obtain access to the courtroom without presenting the jurisdictional key to the courtroom door. A fundamental principle of subject matter jurisdiction is that parties asserting...more

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