28 U.S.C. § 1442 – Paul Mollica's Federal Courts Blog

Fourth Circuit Panel Holds 2-1 That Defendants Won the Race to the Courthouse Under 28 U.S.C. § 1447, Filing a Notice of Appeal That Stayed the District Court’s Authority to Remand a Removed Case Back to State Court

In City of Martinsville, Va. v. Express Scripts, Inc., No. 24-1912 (4th Cir. Feb. 10, 2025), a 2-1 panel holds that because the defendant filed its appeal before the district court physically mailed a remand order to state court under 28 U.S.C. § 1447, the order had no legal effect. The panel judges differ overContinue reading “Fourth Circuit Panel Holds 2-1 That Defendants Won the Race to the Courthouse Under 28 U.S.C. § 1447, Filing a Notice of Appeal That Stayed the District Court’s Authority to Remand a Removed Case Back to State Court”

In Dietrich v. The Boeing Co., No. 19-56409 (9th Cir. Oct. 1, 2021), the Ninth Circuit aligns itself with other circuits in holding that the removal section 28 U.S.C. § 1446(b)(3) is triggered by the filing or service of “an amended pleading, motion, order or other paper” that discloses an “unequivocally clear and certain” basisContinue reading “Deposition Testimony Is Not “A Pleading, Motion, Order or Other Paper” for Removal Purposes Under 28 U.S.C. § 1446(b)(3) Holds Ninth Circuit, Splitting with the Tenth Circuit”