Tag Archives: 28 U.S.C. § 1446

District Court May Not Look Behind a State Court’s Application of Its Own Procedural Law on Motion to Remand Under 28 U.S.C. § 1446, Holds Fifth Circuit

In Turner v. GoAuto Insurance, No. 22-30103 (5th Cir. May 2, 2022), the Fifth Circuit holds that a district court properly remanded a class action to state court under 28 U.S.C. § 1446 when it accepted an amended complaint, filed two days before the removal petition, as the operative complaint that limited the class solelyContinue reading “District Court May Not Look Behind a State Court’s Application of Its Own Procedural Law on Motion to Remand Under 28 U.S.C. § 1446, Holds Fifth Circuit”

Because Defendants Never Received Written Notice from Plaintiff That Disclosed Basis for Federal Jurisdiction, Third Circuit Holds That 30-Day Clock for Removal Never Triggered Under 28 U.S.C. § 1441

In McLaren v. The UPS Store Inc., No. 22-1379 (3d Cir. Apr. 25, 2022), the Third Circuit vacates an order remanding a case to state court on timing grounds, holding that the district court erred as a matter of law in finding that the 30-day clock for removal under 28 U.S.C. § 1446 started runningContinue reading “Because Defendants Never Received Written Notice from Plaintiff That Disclosed Basis for Federal Jurisdiction, Third Circuit Holds That 30-Day Clock for Removal Never Triggered Under 28 U.S.C. § 1441”