Giving State Courts the Ol' Slip: Should a Defendant Be Allowed to Remove an Otherwise Irremovable Case to Federal Court Solely Because Removal Was Made Before Any Defendant is Served?

Date

2009

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Provides an understanding of the basics of removal and diversity jurisdiction. After establishing a sufficient background, looks at several cases that address the preemptive removal issue and reveal how courts on either side would answer the primary question and their respective arguments. Part IV goes to present six factual variations of the introductory hypothetical that will combine an understanding of diversity jurisdiction and the case analysis of Part II and then illustrate why the hypothetical presents the three questions. A few possible solutions will be examined and discussed in Part V. Part VI will explain the best course of action for Congress to take to prevent abuse of preemptive removal.

Description

Keywords

Removal federal jurisdiction question, Plain-meaning argument, Plain-meaning argument for remand being proper, Reexamining the policy foundations supporting remand, Service of process, Ending preemptive removal

Citation

Jordan Bailey, Giving State Courts the Ol' Slip: Should a Defendant Be Allowed to Remove an Otherwise Irremovable Case to Federal Court Solely Because Removal Was Made Before Any Defendant is Served?, 42 Tex. Tech L. Rev. 181 (2009-2010)